[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7893-7894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02875]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36578]


R.J. Corman Railroad Company, LLC and R.J. Corman Railroad Group, 
LLC.--Continuance in Control Exemption--Knoxville and Cumberland Gap 
Railroad, LLC

    R.J. Corman Railroad Company, LLC (RJCRC), and R. J. Corman 
Railroad Group, LLC (RJCG),\1\ both noncarrier holding companies, have 
filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to 
continue in control of Knoxville and Cumberland Gap Railroad, LLC 
(KXCG), a noncarrier controlled by Applicants, upon KXCG's becoming a 
Class III rail carrier.
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    \1\ RJCRC is a wholly owned subsidiary of RJCG. RJCRC and RJCG 
are referred to together as Applicants.
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    This transaction is related to a verified notice of exemption filed 
concurrently in Knoxville & Cumberland Gap Railroad--Acquisition & 
Operation Exemption with Interchange Commitment--Rail Lines of Norfolk 
Southern Railway in Anderson, Campbell, Claiborne, Grainger, Knox, & 
Union Counties, Tenn., Bell & Whitley Counties, Ky., & Lee County, Va., 
Docket No. FD 36577, in which KXCG seeks to acquire from Norfolk 
Southern Railway Company (NSR) various rail lines (via purchase or 
lease assignment) and trackage rights, totaling approximately 154.0 
miles in length.\2\
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    \2\ This total includes approximately 112.0 miles of NSR rail 
line that KXCG will acquire from NSR; 13.0 miles of lines currently 
leased by NSR from CSX Transportation, Inc. (CSXT), which lease will 
be assigned to KXCG; 6.3 miles of NSR trackage rights over a CSXT 
line, which trackage rights will be assigned to KXCG; and 22.7 miles 
of NSR line over which NSR will grant KXCG trackage rights.
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    The transaction may be consummated on or after February 24, 2022, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    According to the verified notice of exemption, Applicants currently 
control 18 Class III rail carriers, collectively operating in multiple 
states. For a complete list of these rail carriers and the states in 
which they operate, see Applicants' January 25, 2022 verified notice of 
exemption, available at www.stb.gov.
    Applicants represent that: (1) KXCG will not connect with any other 
railroad in Applicants' corporate family; (2) the transaction is not 
part of a series of anticipated transactions that would connect KXCG 
with any railroad in the Applicants' corporate family; and (3) the 
transaction does not involve a Class I rail carrier. Therefore, the 
proposed transaction is exempt from the prior approval requirements of 
49 U.S.C. 11323. See 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 February 17, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36578, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must

[[Page 7894]]

be served on Applicants' representative, David A. Hirsh, Dentons US 
LLP, 1900 K Street NW, Washington, DC 20006.
    According to Applicants, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: February 7, 2022.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2022-02875 Filed 2-9-22; 8:45 am]
BILLING CODE 4915-01-P