[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Notices]
[Pages 45045-45046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11239]


-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36774]


Railmark Holdings, Inc.--Continuance in Control Exemption--
Railmark Industrial Railway Inc. d/b/a Railmark Industrial Railway Inc. 
Mississippi Division

    Railmark Holdings, Inc. (Railmark), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in 
control of Railmark Industrial Railway Inc. d/b/a Railmark Industrial 
Railway Inc. Mississippi Division (RIR), upon RIR's becoming a Class 
III rail carrier. Railmark currently controls the Yreka Western 
Railroad (Yreka), a Class III carrier, which operates solely in the 
state of California.
    This transaction is related to a concurrently filed verified notice 
of exemption in Railmark Industrial Railway--Change in Operator 
Exemption--Mississippi Central Railroad, Docket No. FD 36773, in which 
RIR seeks Board approval to lease and operate approximately 10 miles of 
rail line extending between Norfolk Southern Railway Company's ``Iuka 
Wye'' at milepost 0.0 and the Tri-State Commerce Park at approximately 
milepost 10.0 in Tishomingo County, Miss.
    RIR represents that: (1) RIR does not connect with any of the 
railroads in Railmark's corporate family; (2) the transaction is not 
part of a series of anticipated transactions that would connect RIR 
with the rail lines of any other carrier in Railmark's corporate 
family; and (3) the transaction does not involve a Class I carrier. 
Therefore, the

[[Page 45046]]

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 5, 2024, 
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 May 29, 2024 (at 
least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36774, 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 
Railmark's representative, Justin J. Marks, Clark Hill PLC, 1001 
Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 20004.
    Board decisions and notices are available at www.stb.gov.

     Decided: May 17, 2024.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2024-11239 Filed 5-21-24; 8:45 am]
BILLING CODE 4915-01-P