North Shore Railroad Company-Acquisition and Operation Exemption-PPL Susquehanna, LLC, 74548 [2012-30176]

Download as PDF 74548 Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Notices The complete application is given in DOT docket MARAD–2012–0111 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR Part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR Part 388. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. Date: December 6, 2012. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2012–30122 Filed 12–13–12; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35377] mstockstill on DSK4VPTVN1PROD with North Shore Railroad Company— Acquisition and Operation Exemption—PPL Susquehanna, LLC North Shore Railroad Company (North Shore), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire a rail operating easement over approximately 7 miles of rail line (the Line) in Luzerne County, Pa., that PPL Susquehanna, LLC (PPLS), and Allegheny Electric Cooperative, Inc. (AEC), the owners of the Line,1 had acquired previously from the Pennsylvania Department of 1 PPLS, a subsidiary of PPL Generation, LLC, is the operator of the power plant served by the Line and owns a 90% undivided interest in the Line and the power plant. AEC owns the remaining 10% undivided interest in the Line and the power plant. VerDate Mar<15>2010 16:41 Dec 13, 2012 Jkt 229001 Transportation (PennDOT).2 The Line, a portion of the former Bloomsburg Branch, extends from the eastern terminus of North Shore’s existing rail line at milepost 176.97 at Berwick, to milepost 170.00 at the PPLS nuclear power plant near Hicks Ferry Road at Beach Haven.3 From the point of connection with the Line, North Shore’s line extends to an interchange with Norfolk Southern Railway. North Shore states that it provides the only connection between the PPLS nuclear power plant and any Class I railroad, and that it has operated the Line since 1984 for PennDOT and then for PPLS.4 North Shore certifies that the projected annual revenues as a result of the transaction will not exceed $5 million and will not result in North Shore’s becoming a Class I or Class II rail carrier. The parties intend to consummate the transaction on the effective date of the exemption (30 days after the exemption is served and published). 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 December 21, 2013 (at least 7 days before the exemption becomes effective). 2 North Shore filed the notice of exemption on May 17, 2010. Because the notice raised a number of issues, the Board in a decision served on June 3, 2010, held the publication of the notice and the effectiveness of the exemption in abeyance and directed North Shore to file a copy of the parties’ Rail Service Easement Agreement (Agreement) and additional information. Based on North Shore’s response, which included a copy of the Agreement, the Board in a decision served on April 26, 2011, directed PPLS to respond to additional questions about its acquisition of the Line from PennDOT. PPLS responded on May 26, 2011, and on November 21, 2011, jointly filed with AEC a verified notice of exemption to acquire the Line, which the Board subsequently served and published in the Federal Register. See PPL Susquehanna, LLC & Allegheny Electric Coop., Inc.—Acq. Exemption—Pa. Dept. of Transp., FD 35576 (STB served Dec. 7, 2011); 76 FR 76490. On July 2, 2012, North Shore filed a revised copy of the Agreement which addressed the concerns expressed by the Board in the April 26, 2011 decision, regarding the extent of control PPLS, then the noncarrier owner of the Line, could exert over North Shore’s proposed common carrier operations. 3 Based on the additional information that has been submitted, the description of the Line has been modified slightly from what appeared in the April 26, 2011 decision. 4 In its notice of exemption, North Shore stated that it provided contract rail service on the Line. However, in a supplement to that notice, filed on August 13, 2010, in response to the Board’s June 3, 2010 decision, North Shore stated that it provided common carrier rail service on the Line. In any event, North Shore will not become an authorized common carrier with respect to the Line until the effective date of this exemption. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 An original and 10 copies of all pleadings, referring to Docket No. FD 35377, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Richard R. Wilson, 518 North Center Street Ste. 1, Ebensburg, PA 15931. Board decisions and notices are available on our Web site at: www.stb.dot.gov. Decided: December 11, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–30176 Filed 12–13–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35696] Michigan Southern Railroad Company—Acquisition and Operation Exemption—RMW Ventures, LLC and Maumee & Western Railroad Corporation Michigan Southern Railroad Company (MSO), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and operate an approximately 51-mile rail line between milepost 79.0, near Woodburn, Ind. and milepost TN–28.0 near Liberty Center, Ohio. MSO has reached an agreement for the transaction with RMW Ventures, LLC, which owns the line,1 and with Maumee & Western Railroad Corporation, which operates the line.2 MSO states that the agreement does not contain a provision that would limit future interchange with a third-party connecting carrier. The transaction may not be consummated prior to December 28, 2012 (30 days after the notice of exemption was filed). MSO certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier and will not exceed $5 million. 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 RMW Ventures, L.L.C.—Corporate Family Transaction Exemption—C & NC, L.L.C., Maumee & W., L.L.C., & Wabash Cent., L.L.C., FD 33541 (STB served Mar. 10, 1998). 2 Maumee & W. R.R.—Operation Exemption— Maumee & W., L.L.C., FD 33535 (STB served Jan. 16, 1998). E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 77, Number 241 (Friday, December 14, 2012)]
[Notices]
[Page 74548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30176]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35377]


North Shore Railroad Company--Acquisition and Operation 
Exemption--PPL Susquehanna, LLC

    North Shore Railroad Company (North Shore), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to acquire a rail operating easement over approximately 7 miles of rail 
line (the Line) in Luzerne County, Pa., that PPL Susquehanna, LLC 
(PPLS), and Allegheny Electric Cooperative, Inc. (AEC), the owners of 
the Line,\1\ had acquired previously from the Pennsylvania Department 
of Transportation (PennDOT).\2\ The Line, a portion of the former 
Bloomsburg Branch, extends from the eastern terminus of North Shore's 
existing rail line at milepost 176.97 at Berwick, to milepost 170.00 at 
the PPLS nuclear power plant near Hicks Ferry Road at Beach Haven.\3\ 
From the point of connection with the Line, North Shore's line extends 
to an interchange with Norfolk Southern Railway. North Shore states 
that it provides the only connection between the PPLS nuclear power 
plant and any Class I railroad, and that it has operated the Line since 
1984 for PennDOT and then for PPLS.\4\
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    \1\ PPLS, a subsidiary of PPL Generation, LLC, is the operator 
of the power plant served by the Line and owns a 90% undivided 
interest in the Line and the power plant. AEC owns the remaining 10% 
undivided interest in the Line and the power plant.
    \2\ North Shore filed the notice of exemption on May 17, 2010. 
Because the notice raised a number of issues, the Board in a 
decision served on June 3, 2010, held the publication of the notice 
and the effectiveness of the exemption in abeyance and directed 
North Shore to file a copy of the parties' Rail Service Easement 
Agreement (Agreement) and additional information. Based on North 
Shore's response, which included a copy of the Agreement, the Board 
in a decision served on April 26, 2011, directed PPLS to respond to 
additional questions about its acquisition of the Line from PennDOT. 
PPLS responded on May 26, 2011, and on November 21, 2011, jointly 
filed with AEC a verified notice of exemption to acquire the Line, 
which the Board subsequently served and published in the Federal 
Register. See PPL Susquehanna, LLC & Allegheny Electric Coop., 
Inc.--Acq. Exemption--Pa. Dept. of Transp., FD 35576 (STB served 
Dec. 7, 2011); 76 FR 76490. On July 2, 2012, North Shore filed a 
revised copy of the Agreement which addressed the concerns expressed 
by the Board in the April 26, 2011 decision, regarding the extent of 
control PPLS, then the noncarrier owner of the Line, could exert 
over North Shore's proposed common carrier operations.
    \3\ Based on the additional information that has been submitted, 
the description of the Line has been modified slightly from what 
appeared in the April 26, 2011 decision.
    \4\ In its notice of exemption, North Shore stated that it 
provided contract rail service on the Line. However, in a supplement 
to that notice, filed on August 13, 2010, in response to the Board's 
June 3, 2010 decision, North Shore stated that it provided common 
carrier rail service on the Line. In any event, North Shore will not 
become an authorized common carrier with respect to the Line until 
the effective date of this exemption.
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    North Shore certifies that the projected annual revenues as a 
result of the transaction will not exceed $5 million and will not 
result in North Shore's becoming a Class I or Class II rail carrier.
    The parties intend to consummate the transaction on the effective 
date of the exemption (30 days after the exemption is served and 
published).
    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 December 21, 
2013 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35377, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Richard R. Wilson, 518 North Center Street 
Ste. 1, Ebensburg, PA 15931.
    Board decisions and notices are available on our Web site at: 
www.stb.dot.gov.

    Decided: December 11, 2012.
    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-30176 Filed 12-13-12; 8:45 am]
BILLING CODE 4915-01-P