[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Notices]
[Pages 34204-34205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11224]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36687]


Rio Grande Pacific Corporation--Continuance in Control 
Exemption--Bogalusa and Northern Railway, LLC

    Rio Grande Pacific Corporation (RGPC), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in 
control of Bogalusa and Northern Railway, LLC (BNR), upon BNR's 
becoming a Class III rail carrier. RGPC owns, indirectly, 100 percent 
of the issued and outstanding stock of BNR, a limited liability 
company.
    This transaction is related to a concurrently filed verified notice 
of exemption in Bogalusa & Northern Railway--Change in Operator 
Exemption--Bogalusa Bayou Railroad, Docket No. FD 36686, in which BNR 
seeks Board approval to acquire overhead trackage rights over a one-
mile line owned by Illinois Central Railroad Company (IC) extending 
between milepost 68.85, at Leescreek, La., and milepost 69.85, at 
Bogalusa, La.
    RGPC currently controls four Class III railroads: Nebraska Central 
Railroad Company; New Orleans & Gulf Coast Railway Company; Wichita, 
Tillman & Jackson Railway Company; and Idaho Northern & Pacific 
Railroad Company.

[[Page 34205]]

    RGPC represents that: (1) the rail lines operated by the RGPC 
carriers do not connect with the rail line to be operated by BNR; (2) 
the transaction is not part of a series of anticipated transactions 
that would connect the rail line to be operated by BNR with any 
railroad in the RGPC corporate family; and (3) the transaction does not 
involve a Class I carrier. Therefore, the 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. Accordingly, 
because this transaction involves Class III rail carriers only, the 
Board may not impose labor protective conditions here.
    The earliest this transaction may be consummated is June 9, 2023, 
the effective date of the exemption (30 days after the verified notice 
was filed). 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(g) 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 by June 2, 2023 (at 
least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36687, 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, a copy of each pleading must be served on 
BNR's representative, Karl Morell, Karl Morell & Associates, 440 1st 
Street NW, Suite 440, Washington, DC 20001.
    Board decisions and notices are available at www.stb.gov.

    Decided: May 22, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2023-11224 Filed 5-25-23; 8:45 am]
BILLING CODE 4915-01-P