[Federal Register Volume 89, Number 165 (Monday, August 26, 2024)]
[Notices]
[Pages 68488-68489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19114]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36796]


Nathan Evans--Acquisition of Control Exemption--Columbia & 
Reading Railway Co. LLC

    Nathan Evans (Evans), a noncarrier, filed a verified notice of 
exemption under 49 CFR 1180.2(d)(2) to acquire control of Columbia & 
Reading Railway Co. LLC (CORY), a Class III rail carrier that operates 
a 2.5-mile line in Columbia, Lancaster County, Pa.\1\
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    \1\ Evans filed a supplement on August 8, 2024, clarifying, 
among other things, that the transaction involves an acquisition of 
control rather than a continuance of control. Evans filed a second 
supplement on August 20, 2024, clarifying that the transaction does 
not require a historic report. The filing date of the second 
supplement will be deemed the filing date of the verified notice.
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    The verified notice states that, pursuant to an agreement titled 
``Sale of LLC Membership Interest'' (Agreement) dated June 27, 2024,\2\ 
Evans has agreed to acquire 51% of the membership interests of CORY 
from Freedom Rail Management, LLC. The verified notice

[[Page 68489]]

further states that Evans currently controls Elizabethtown Industrial 
Railroad LLC (EZR), a Class III rail carrier that operates in 
Elizabethtown, Lancaster County, Pa.
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    \2\ A public version of the Agreement was filed with the August 
8 supplement. A confidential version was submitted under seal on 
August 13, 2024, concurrently with a motion for protective order. 
The motion for protective order was granted in a decision served on 
August 15, 2024.
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    Evans states that: (1) the railroads would not connect with each 
other or any other railroads in the EZR corporate family, (2) the 
proposed transaction is not part of a series of anticipated 
transactions that would connect the lines with each other or any other 
railroad in the EZR 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).
    The earliest this transaction may be consummated is September 19, 
2024, 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 to stay must be filed no later than September 12, 
2024 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36796, 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 
Evans' representative, John K. Fiorilla, Dyer & Peterson, PC, 605 Main 
Street, Suite 104, Riverton, NJ 08077-1440.
    According to Evans, 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: August 20, 2024.
    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2024-19114 Filed 8-23-24; 8:45 am]
BILLING CODE 4915-01-P