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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Rules and Regulations carrier may, prior to expiration of the period, file a request for a renewal of the temporary rights for an additional period of up to 3 months, including the reasons therefor. Rail carriers acquiring temporary trackage rights need not seek authority from the Board to discontinue the trackage rights as of the expiration date specified under 1180.4g1ii. All transactions under this paragraph d9 will be subject to applicable statutory labor protective conditions.
3. Amend 1180.4 as follows:
a. Revise paragraph g1;
b. Remove paragraph g2;
c. Redesignate paragraphs g3 and 4 as paragraphs g2 and 3; and d. Amend newly redesignated paragraph g3 by removing the subject heading and revising the first sentence of paragraph g3i.
The revisions read as follows:
1180.4

Procedures.

g
1 To qualify for an exemption under 1180.2d, a railroad must file a verified notice of the transaction with the Board. Except for verified notices filed under 1180.2d9, all verified notices under 1180.2d must be filed at least 30 days before the transaction is consummated, indicating the proposed consummation date. Verified notices filed under 1180.2d9 will become effective upon service of notice of the transaction by the Board. Before a verified notice is filed, the railroad shall obtain a docket number from the Boards Section of Administration, Office of Proceedings.

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i All notices filed under 1180.2d shall contain the information required in 1180.6a1i through iii, a5
and 6, and a7ii, and indicate the level of labor protection to be imposed.
ii Notices filed under 1180.2d7, 1180.2d8, or 1180.2d9 shall also contain the following information:
A The name of the tenant railroad;
B The name of the landlord railroad;
C A description of the trackage rights, including a description of the track. For notices under 1180.2d8
and 9, the notice must state that the trackage rights are overhead rights. For notices under 1180.2d7, the notice must state whether the trackage rights are local or overhead;
D The date the trackage rights transaction is proposed to be consummated;
E The date temporary trackage rights will expire, if applicable; and F For notices under 1180.2d9, a description of the situation resulting in the outage in sufficient detail to allow the Board to determine an emergency exits, including, to the extent possible, the nature of the event that caused the unforeseen outage, the location of the outage, the date that the emergency situation occurred, the date the outage was discovered, and the expected duration of the outage.
iii Except for notices filed under 1180.2d9, the Board shall publish a notice of exemption in the Federal Register within 16 days of the filing of the notice. For notices filed under 1180.2d9, the Board shall serve a notice of exemption on parties of record within 5 days after the verified notice of
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exemption is filed and shall publish that notice in the Federal Register. The publication of notices under 1180.2d will indicate the labor protection required.
iv If the notice contains false or misleading information that is brought to the Boards attention, the Board shall summarily revoke the exemption for that carrier and require divestiture.
v The filing of a petition to revoke under 49 U.S.C. 10502d does not stay the effectiveness of an exemption.
Except for notices filed under 1180.2d9, stay petitions must be filed at least 7 days before the exemption becomes effective. For notices filed under 1180.2d9, stay petitions should be filed as soon as possible before the exemption becomes effective.
vi Other exemptions that may be relevant to a proposal under this provision are codified at 49 CFR part 1150, subpart D, which governs transactions under 49 U.S.C. 10901.

3i Except for notices filed under 1180.2d7, 1180.2d8, or 1180.2d9, the filing party must certify whether a proposed acquisition or operation of a rail line involves a provision or agreement that may limit future interchange with a third-party connecting carrier, whether by outright prohibition, per-car penalty, adjustment in the purchase price or rental, positive economic inducement, or other means interchange commitment.

FR Doc. 202126239 Filed 12321; 8:45 am BILLING CODE 491501P

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