B.C.D. 15-19

EMPLOYER STATUS DETERMINATION

Elizabethtown Industrial Railroad, L.L.C. (EZR)

August 11, 2015

This is the determination of the Railroad Retirement Board (RRB)

concerning the status of Elizabethtown Industrial Railroad, L.L.C. (EZR) as

an employer under the Railroad Retirement Act (45 U.S.C. §231 et seg.) and 

the Railroad Unemployment Insurance Act (45 U.S.C. §351 et seq.).

In Surface Transportation Board (STB) Finance Docket No. 35902, decided

March 3, 2015, Elizabethtown Industrial Railroad L.L.C. (EZR), a noncarrier, filed a verified notice of exemption to lease and operate a 1.0 mile

line of railroad, known as the Conewago Industrial Track, between the 

connection with the Norfolk Southern Railway Company’s main line at

milepost 1.0 in Conewago, and milepost 0.0 in West Donegal Township, in

Lancaster County, Pennsylvania. The STB decision stated that EZR would

provide common carrier freight service over the line and intended to

interchange traffic with Norfolk Southern at Conewago. Norfolk Southern

Railway Company is a covered employer under the Acts (BA No. 1525).

According to information supplied by Mr. John K. Fiorilla, an attorney for 

Capehart & Scatchard, P.A., EZR is a limited liability corporation of the

Commonwealth of Pennsylvania. The Chief Executive Officer is Robert

Lowe. EZR is owned by Robert Lowe (50%) and Eric Bickleman (50%).

According to Mr. Fiorilla, the line was acquired by Rail Holdings, Inc. from

The Railroad Associates Corporation (TRAC), a non-carrier which was not

operating the line. On March 20, 2015, EZR leased the line from Rail

Holdings, Inc. Mr. Fiorilla stated that EZR will interchange with the Norfolk

Southern Railway Company in Conewago, Pennsylvania and operate

entirely within the Conewago Industrial Park. The length ofthe track is 6400

feet and it runs from Conewago to West Donegal Township in Pennsylvania.

Mr. Fiorilla stated that there are currently no employees of EZR and

operations are being provided by qualified employees of the Clinton

Terminal Railroad, a covered employer under the Acts (BA No. 4571),

which Mr. Bickleman and Mr. Lowe also control. Mr. Fiorilla further stated

that EZR provides interchange services to and from customers within the 

Conewago Industrial Park and is 100% of the time doing business with

Norfolk Southern Railway Company.

BA # 4884
Section 1(a)(1) of the Railroad Retirement Act (RRA) (45 U.S.C. 

231(a)(1)), insofar as relevant here, defines a covered employer as:

(i) any carrier by railroad subject to the jurisdiction of the Surface

Transportation Board under part A of subtitle IV of title 49, United

States Code;

(ii) any company which is directly or indirectly owned or controlled

by, or under common control with, one or more employers as defined

in paragraph (i) ofthis subdivision, and which operates any equipment

or facility or performs any service (except trucking service, casual

service, and the casual operation of equipment or facilities) in

connection with the transportation of passengers or property by

railroad * * *.

Sections 1(a) and 1(b) of the Railroad Unemployment Insurance Act

(RUIA), 45 U.S.C. 351(a) and (b), contain substantially similar definitions,

as does section 3231 ofthe Railroad Retirement Tax Act (RRTA), 26 U.S.C.

3231.

The evidence of record establishes that EZR is a rail carrier operating in

interstate commerce. Accordingly, it is determined that the Elizabethtown

Industrial Railroad LLC (EZR) became an employer within the meaning of

section l(a)(l)(i)-(ii) ofthe Railroad Retirement Act (45 U.S.C. § 231(a)(1))

and the corresponding provision of the Railroad Unemployment Insurance

Act effective March 20, 2015, the date as ofwhich it commenced operations.

FOR THE BOARD

Martha P. Rico

Secretary to the Board