[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79332-79333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22219]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36812]


Chicago Rock Island & Pacific Railroad LLC--Continuance in 
Control Exemption--Oklahoma & Kansas 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 Oklahoma & Kansas Railroad, LLC 
(OKRL), upon OKRL's becoming a Class III rail carrier. Rock Island 
currently controls the Gulf & Ship Island Railroad LLC (G&SI) and 
Ottawa Northern Railroad LLC (ONR), both Class III rail carriers. Rock 
Island operates in Mississippi; G&SI operates in Mississippi; ONR 
operates in Kansas; and OKRL intends to operate in Oklahoma and Kansas.
    This transaction is related to a concurrently filed verified notice 
of exemption in Oklahoma & Kansas Railroad--Change of Operator 
Exemption--Oklahoma Department of Transportation, Docket No. FD 36811, 
in which OKRL seeks Board approval to lease and operate approximately 
37.26 miles of rail line owned by the Oklahoma Department of 
Transportation and Blackwell Industrial Authority extending from 
milepost 0.09 at Wellington, Kan., to milepost 35.35 at Blackwell, 
Okla., and from milepost 127.0 at Blackwell to milepost 125.0 also at 
Blackwell.
    Rock Island represents that: (1) none of Rock Island's railroad 
lines, G&SI's lines, or ONR's lines will connect with OKRL's; (2) the 
transaction is not part of a series of anticipated transactions that 
would result in such interconnection; and (3) the transaction does not 
involve a Class I rail 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 October 13, 
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 October 4, 2024 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36812, 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 Rock 
Island's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606.
    Board decisions and notices are available at www.stb.gov.

    Decided: September 24, 2024.


[[Page 79333]]


    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2024-22219 Filed 9-26-24; 8:45 am]
BILLING CODE 4915-01-P