[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50753-50754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19571]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36530]


Midwest & Bluegrass Rail, LLC--Control Exemption--TransKentucky 
Transportation Railroad, Inc.

    Midwest & Bluegrass Rail, LLC (MB Rail), a noncarrier, has filed a 
verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to acquire 
control of TransKentucky Transportation Railroad, Inc. (TransKentucky).
    MB Rail states that TransKentucky owns and operates a rail line in 
Kentucky. MB Rail originally sought authorization to control 
TransKentucky in another docket, Midwest & Bluegrass Rail, LLC--Control 
Exemption--TransKentucky Transportation Railroad, Docket No. FD 36475. 
On August 26, 2021, MB Rail filed a motion to withdraw the verified 
notice in Docket No. FD 36475.
    The transaction may be consummated on or after September 26, 2021, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    According to the verified notice of exemption, MB Rail currently 
controls four Class III carriers: Vermilion Valley Railroad Co., Inc.; 
Camp Chase Rail, LLC; Youngstown & Southeastern Rail, LLC; and 
Chesapeake & Indiana Railroad Co., Inc. (collectively, the IB 
Carriers).\1\
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    \1\ MB Rail is receiving after-the-fact authorization to control 
the IB Carriers in a notice of exemption being served concurrently 
in Midwest & Bluegrass Rail, LLC--Control Exemption--Vermilion 
Valley Railway, FD 36413 (Sub-No. 1).
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    The verified notice indicates that: (1) The rail line owned and 
operated by TransKentucky does not connect with the rail lines of any 
of the rail carriers in MB Rail's corporate family; (2) the transaction 
is not part of a series of anticipated transactions that would connect 
the rail line owned and operated by TransKentucky with the rail lines 
of any carriers in MB Rail's corporate family; and (3) the transaction 
does not involve a Class I rail carrier. The proposed transaction is 
therefore exempt from the prior approval requirements of 49 U.S.C. 
11323 pursuant to 49 CFR 1180.2(d)(2).
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. However, 49 U.S.C. 11326(c) 
does not provide for labor protection for transactions under 49 U.S.C. 
11324 and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the effectiveness of the 
exemption. Petitions for stay must be filed no later than September 17, 
2021 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36530, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, one copy of each pleading must be served on MB 
Rail's representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606.
    According to MB Rail, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: September 7, 2021.


[[Page 50754]]


    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2021-19571 Filed 9-9-21; 8:45 am]
BILLING CODE 4915-01-P