[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Page 16075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05245]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36675]


Chicago Rock Island & Pacific Railroad LLC--Continuance in 
Control Exemption--Ottawa Northern Railroad LLC

    Chicago Rock Island & Pacific Railroad LLC (Rock Island), a Class 
III rail carrier, has filed a verified notice of exemption under 49 CFR 
1180.2(d)(2) to continue in control of Ottawa Northern Railroad LLC 
(ONR), a noncarrier controlled by Rock Island, upon ONR's becoming a 
Class III rail carrier. According to the verified notice, the proposed 
transaction will allow Rock Island to continue to exercise common 
control of ONR and Rock Island's existing subsidiary, Gulf & Ship 
Island Railroad LLC (G&SI), a Class III rail carrier that operates in 
the state of Mississippi.\1\
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    \1\ Rock Island notes that the notice of exemption filed in 
Chicago, Rock Island & Pacific Railroad--Continuance in Control 
Exemption--Gulf & Ship Island Railroad, Docket No. FD 36520, 
mistakenly lists ``Mississippi Delta'' as a Class III carrier under 
Rock Island's control. Rock Island explains that ``Mississippi 
Delta'' is a trade name for Rock Island's contract carriage north of 
Swan Lake, Miss., and not a railroad common carrier.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Ottawa Northern Railroad--Acquisition & Change in 
Operator Exemption--Midland Historical Railway Ass'n., Docket No. FD 
36674, in which ONR seeks to acquire and begin common carrier 
operations over approximately 11.09 miles of rail line owned by the 
Midland Historical Railway Association between milepost 14.95 near 
Baldwin City, Kan., and milepost 26.04 at Ottawa, Kan., replacing 
Leavenworth, Lawrence & Galveston Railroad d/b/a the Baldwin City & 
Southern Railroad Company as the common carrier service provider on 
that line.
    Rock Island represents that: (1) the rail line to be operated by 
ONR does not connect with Rock Island's lines or any of G&SI's lines; 
(2) the control transaction is not part of a series of anticipated 
transactions that would result in such a connection; 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).
    The transaction may be consummated on or after March 29, 2023, the 
effective date of the exemption (30 days after the verified notice was 
filed).
    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 March 22, 
2023 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36675, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, one copy of each pleading must be served on 
Rock Island's representative, Bradon J. Smith, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to Rock Island, 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: March 9, 2023.
    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2023-05245 Filed 3-14-23; 8:45 am]
BILLING CODE 4915-01-P