Mark K. Smith-Continuance in Control Exemption-Rock River Railroad, Inc., 20009 [E7-7586]

Download as PDF Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices 1990 there have been 58 reported instances of a vessel or its equipment striking a submerged pipeline offshore, and 64 reported instances where a submerged pipeline was either uncovered or presented a hazard to navigation. No incidents were found outside of the Gulf of Mexico. The study addresses the impact of pipeline depth of burial and vessels in waters less than 15 feet of depth. PHMSA anticipates there will be changes in the offshore environment, such as liquefied natural gas import facilities. PHMSA is working with the Federal Energy Regulatory Commission to ensure adequate protection of LNG lines. PHMSA provides FERC with findings from our safety analysis for consideration of conditional terms for granting permits. Therefore, PHMSA has the ability to get safety concerns addressed through FERC by adding them as conditions of a permit. In addition, climate change may adversely affect offshore pipeline infrastructure by causing shifts in weather patterns, water depth or vessel traffic. PHMSA requests comments on the study to assist in evaluating the need for further analysis due to these anticipated changes in the offshore environment. Authority: 49 U.S.C. 60102, 60115. Issued in Washington, DC on April 16, 2007. Joy Kadnar, Acting Associate Administrator for Pipeline Safety. [FR Doc. E7–7482 Filed 4–19–07; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35017] sroberts on PROD1PC70 with NOTICES Mark K. Smith—Continuance in Control Exemption—Rock River Railroad, Inc. Mark K. Smith (applicant) has filed a verified notice of exemption to continue in control of Rock River Railroad, Inc. (RRR), upon RRR’s becoming a Class III rail carrier. The earliest this transaction may be consummated is the May 6, 2007 effective date of the exemption (30 days after the exemption was filed). This transaction is related to the concurrently filed notice of exemption in STB Finance Docket No. 35016, Rock River Railroad, Inc.—Acquisition and Operation Exemption—Rail Lines of Renew Energy, LLC. In that proceeding, RRR seeks to acquire and operate approximately 2,100 feet of rail line, VerDate Aug<31>2005 18:52 Apr 19, 2007 Jkt 211001 located within the plant site of Renew Energy, LLC (RE), in Jefferson, Jefferson County, WI (the line). RRR will provide common carrier rail operations over the line and interchange with Union Pacific Railroad Company. Applicant is a noncarrier and currently controls Rail & Transload, Inc. (R&T), a Class III rail carrier. Applicant states that: (1) The rail properties operated by R&T and those to be operated by RRR do not connect with each other or any railroads in their corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect the rail lines of R&T and RRR with each other or any railroads in their corporate family; and (3) the transaction does not involve a Class I railroad. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). The purpose of this transaction is to allow applicant to continue in control of RRR after RRR becomes a Class III rail carrier. 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. Section 11326(c), however, does not provide for labor protection for transactions under section 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because all of the carriers involved are Class III carriers. 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 for stay must be filed no later than April 27, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35017, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Thomas F. McFarland, 208 South LaSalle St., Suite 1890, Chicago, IL 60604–1112. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: April 13, 2007. PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 20009 By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–7586 Filed 4–19–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35016] Rock River Railroad, Inc.—Acquisition and Operation Exemption—Rail Lines of Renew Energy, LLC Rock River Railroad, Inc. (RRR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Renew Energy, LLC (RE), and to operate approximately 2,100 feet of rail line, located within the plant site of RE, in Jefferson, Jefferson County, WI (the line).1 This transaction is related to the concurrently filed notice of exemption in STB Finance Docket No. 35017, Mark K. Smith—Continuance in Control Exemption—Rock River Railroad, Inc., wherein Mark K. Smith seeks to continue in control of RRR upon its becoming a Class III rail carrier. RRR states that the line connects with Union Pacific Railroad Company at both of its termini. RRR further states that, although the line has been owned and operated by RE as private track and might otherwise be considered to be spur, industrial, or switching track exempt from the Board’s acquisition and operation authority under 49 U.S.C. 10906, it constitutes a line of railroad for which an exemption from the Board is required because it is RRR’s initial rail acquisition and operation.2 RRR certifies that its projected annual revenues as a result of the transaction will not exceed those that would qualify it as a Class III rail carrier and will not exceed $5 million. The earliest this transaction may be consummated is the May 6, 2007 effective date of the exemption (30 days after the exemption 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(d) may be filed at any time. The filing of 1 According to RRR, the line does not have mileposts. 2 See Effingham RR Co.—Pet. For Declaratory Order, 2 S.T.B. 606 (1997), aff’d sub nom., United Transp. Union v. Surface Transp. Bd., 183 F.3d 606 (7 Cir. 1999); see also Bulkmatic Railroad Corporation—Acquisition & Operation Exemption—Bulkmatic Transport Company, STB Finance Docket No. 34145 (STB served Nov. 19, 2002). E:\FR\FM\20APN1.SGM 20APN1

Agencies

[Federal Register Volume 72, Number 76 (Friday, April 20, 2007)]
[Notices]
[Page 20009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7586]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35017]


Mark K. Smith--Continuance in Control Exemption--Rock River 
Railroad, Inc.

    Mark K. Smith (applicant) has filed a verified notice of exemption 
to continue in control of Rock River Railroad, Inc. (RRR), upon RRR's 
becoming a Class III rail carrier.
    The earliest this transaction may be consummated is the May 6, 2007 
effective date of the exemption (30 days after the exemption was 
filed).
    This transaction is related to the concurrently filed notice of 
exemption in STB Finance Docket No. 35016, Rock River Railroad, Inc.--
Acquisition and Operation Exemption--Rail Lines of Renew Energy, LLC. 
In that proceeding, RRR seeks to acquire and operate approximately 
2,100 feet of rail line, located within the plant site of Renew Energy, 
LLC (RE), in Jefferson, Jefferson County, WI (the line). RRR will 
provide common carrier rail operations over the line and interchange 
with Union Pacific Railroad Company.
    Applicant is a noncarrier and currently controls Rail & Transload, 
Inc. (R&T), a Class III rail carrier.
    Applicant states that: (1) The rail properties operated by R&T and 
those to be operated by RRR do not connect with each other or any 
railroads in their corporate family; (2) the continuance in control is 
not part of a series of anticipated transactions that would connect the 
rail lines of R&T and RRR with each other or any railroads in their 
corporate family; and (3) the transaction does not involve a Class I 
railroad. Therefore, the transaction is exempt from the prior approval 
requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). The purpose 
of this transaction is to allow applicant to continue in control of RRR 
after RRR becomes a Class III rail carrier.
    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. Section 11326(c), however, does 
not provide for labor protection for transactions under section 11324 
and 11325 that involve only Class III rail carriers. Accordingly, the 
Board may not impose labor protective conditions here, because all of 
the carriers involved are Class III carriers.
    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 for stay must be filed no later than April 27, 
2007 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35017, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Thomas F. McFarland, 208 South 
LaSalle St., Suite 1890, Chicago, IL 60604-1112.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: April 13, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-7586 Filed 4-19-07; 8:45 am]
BILLING CODE 4915-01-P

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