[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Pages 27198-27199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09774]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36608]


Hamilton Hartford Group, LLC--Continuance in Control Exemption--
Hamilton Northwestern Railroad Co.

    Hamilton Hartford Group, LLC (HHG), a noncarrier, filed a verified 
notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of 
Hamilton Northwestern Railroad Co. (HNW), a noncarrier controlled by 
HHG, upon HNW's becoming a Class III rail carrier.\1\
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    \1\ HHG filed its verified notice of exemption on April 6, 2022, 
and on April 22, 2022, HHG filed a supplement clarifying the 
specific authority that HNW is seeking in Docket No. FD 36607. In 
light of the supplement, April 22, 2022, is deemed the filing date 
of the verified notice.
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    This notice of exemption is related to a concurrently filed notice 
of exemption in Hamilton Northwestern Railroad--Acquisition & Operation 
Exemption--in Allegan County, Mich., Docket No. FD 36607, in which HNW 
seeks to acquire and operate approximately 6.10 miles of track in 
Allegan County, Mich.
    According to the verified notice of exemption, HHG controls one 
railroad, the West Michigan Railroad Co. (WMI), which operates in 
Michigan.
    HHG represents that: (1) The line which HNW seeks authority to 
acquire and operate over does not connect with the lines of any 
existing rail carriers controlled by HHG; (2) the proposed transaction 
is not part of a series of anticipated transactions that would connect 
the line with any other railroads in the HHG 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).

[[Page 27199]]

    HHG has also filed a petition for waiver of 49 CFR 1180.4(g)(1), 
which states that a notice of exemption must be filed at least 30 days 
before a transaction is consummated. HHG asks the Board to waive that 
provision and allow this notice to become effective by May 6, 2022, to 
minimize the risk of disruption of rail service on the Line. HHG's 
request will be addressed in a separate decision, in which the Board 
will establish the effective date of the exemption.
    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 May 13, 2022 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36608, 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 
HHG's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to HHG, 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: May 3, 2022.

    By the Board, Valerie O. Quinn, Acting Director, Office of 
Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2022-09774 Filed 5-5-22; 8:45 am]
BILLING CODE 4915-01-P