Grainbelt Corporation-Acquisition and Operation Exemption-BNSF Railway Company, 16569 [2013-06035]

Download as PDF Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Notices 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. Dated: February 28, 2013. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2013–05938 Filed 3–14–13; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35718] Grainbelt Corporation—Acquisition and Operation Exemption—BNSF Railway Company srobinson on DSK4SPTVN1PROD with NOTICES Grainbelt Corporation (GNBC), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from BNSF Railway Company (BNSF), the real property underlying a 178.7-mile line of railroad between milepost 588.3 near Enid, and milepost 767.0 near Frederick, in Garfield, Tillman, Major, Blaine, Dewey, Custer, Washita, and Kiowa, Counties, Okla. (the Line). GNBC currently owns and operates the facilities that comprise the Line,1 1 See Grainbelt Corp.—Exemption Acquis. and Operation of Certain Lines of Burlington N. R.R., FD 31094 (ICC served Sept. 18, 1987). Originally, GNBC acquired 186.4 miles of rail line from BNSF in the September 1987 proceeding, but GNBC abandoned a 7.7-mile portion of the Line between milepost 767.0 near Frederick and milepost 774.7 at Davison, in Tillman County, Okla. See Grainbelt Corp.—Abandonment Exemption—in Tillman VerDate Mar<14>2013 17:37 Mar 14, 2013 Jkt 229001 and leases the underlying property from BNSF. GNBC and BNSF are entering into an agreement in which GNBC will acquire the underlying property of the Line and terminate the lease. GNBC has certified that its projected annual revenues as a result of this transaction will not result in GNBC’s becoming a Class II or Class I rail carrier but that its projected annual revenue will exceed $5 million. Accordingly, GNBC is required, at least 60 days before this exemption is to become effective, to send notice of the transaction to the national offices of the labor unions with employees on the affected lines, post a copy of the notice at the workplace of the employees on the affected lines, and certify to the Board that it has done so. 49 CFR 1150.42(e). GNBC, concurrently with its notice of exemption, filed a petition for waiver of the 60-day advance labor notice requirement under § 1150.42(e), asserting that no employees will be affected by the acquisition of the underlying property of the Line because there will be no changes for any employees working on the Line. GNBC already owns the rail facilities and has been the sole operator of the Line since 1987, and will continue to be the sole operator once the transaction has been completed. GNBC states no employees have worked on the Line since 1987 and no BNSF employees will be affected or have to make any career choices as a result of the sale. GNBC also states that posting notices on the Line would not provide notice to any BNSF employees because no BNSF employees work on the Line. GNBC further states that the transaction will not result in any operational or maintenance changes on the Line and no GNBC employees will be affected.2 GNBC’s waiver request will be addressed in a separate decision. GNBC states that it intends to consummate the transaction on March 31, 2013, subject to the waiver of the labor notice requirement. The Board will establish in the decision on the waiver request the earliest this transaction may be consummated. If the 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 March 25, 2013. Cnty., Okla., AB 424 (Sub-No. 1X) (ICC served Oct. 4, 1994). 2 According to GNBC, GNBC employees are not unionized. PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 16569 An original and 10 copies of all pleadings, referring to Docket No. FD 35718, 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 Eric M. Hocky, Thorp Red & Armstrong, LLP, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103. Board decisions and notices are available at our Web site at www.stb.dot.gov. Decided: March 12, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–06035 Filed 3–14–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35721] Iowa Pacific Holdings, LLC, Permian Basin Railways, and San Luis & Rio Grande Railroad—Corporate Family Transaction Exemption— Massachusetts Coastal Railroad, LLC Iowa Pacific Holdings, LLC (IPH), its wholly owned subsidiaries Permian Basin Railways (PBR) and San Luis & Rio Grande Railroad (SLRG), and Massachusetts Coastal Railroad, LLC (Mass Coastal) (collectively, applicants), have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a corporate family transaction pursuant to which the applicants would reorganize their corporate structure. According to the applicants, IPH is a noncarrier that wholly owns PBR, which directly controls seven Class III railroads.1 PBR controls, indirectly through SLRG, an eighth Class III railroad, the Saratoga & North Creek Railway, LLC (Saratoga). In addition, PBR controls 80% of Cape Rail, Inc. (Cape Rail), a noncarrier railroad holding company. Cape Rail owns two railroad subsidiaries, Mass Coastal, a Class III railroad, and Cape Cod Central, a noncarrier intrastate excursion passenger railroad outside the Board’s jurisdiction. Thus, PBR controls Mass 1 These railroads are: (1) SLRG; (2) Austin & Northwestern Railroad operating as the Texas-New Mexico Railroad; (3) Chicago Terminal Railroad; (4) Mount Hood Railroad; (5) Rusk, Palestine & Pacific Railroad, LLC; (6) Santa Cruz and Monterey Bay Railway Company; and (7) West Texas & Lubbock Railway. E:\FR\FM\15MRN1.SGM 15MRN1

Agencies

[Federal Register Volume 78, Number 51 (Friday, March 15, 2013)]
[Notices]
[Page 16569]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06035]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35718]


Grainbelt Corporation--Acquisition and Operation Exemption--BNSF 
Railway Company

    Grainbelt Corporation (GNBC), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to acquire from BNSF 
Railway Company (BNSF), the real property underlying a 178.7-mile line 
of railroad between milepost 588.3 near Enid, and milepost 767.0 near 
Frederick, in Garfield, Tillman, Major, Blaine, Dewey, Custer, Washita, 
and Kiowa, Counties, Okla. (the Line).
    GNBC currently owns and operates the facilities that comprise the 
Line,\1\ and leases the underlying property from BNSF. GNBC and BNSF 
are entering into an agreement in which GNBC will acquire the 
underlying property of the Line and terminate the lease.
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    \1\ See Grainbelt Corp.--Exemption Acquis. and Operation of 
Certain Lines of Burlington N. R.R., FD 31094 (ICC served Sept. 18, 
1987). Originally, GNBC acquired 186.4 miles of rail line from BNSF 
in the September 1987 proceeding, but GNBC abandoned a 7.7-mile 
portion of the Line between milepost 767.0 near Frederick and 
milepost 774.7 at Davison, in Tillman County, Okla. See Grainbelt 
Corp.--Abandonment Exemption--in Tillman Cnty., Okla., AB 424 (Sub-
No. 1X) (ICC served Oct. 4, 1994).
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    GNBC has certified that its projected annual revenues as a result 
of this transaction will not result in GNBC's becoming a Class II or 
Class I rail carrier but that its projected annual revenue will exceed 
$5 million. Accordingly, GNBC is required, at least 60 days before this 
exemption is to become effective, to send notice of the transaction to 
the national offices of the labor unions with employees on the affected 
lines, post a copy of the notice at the workplace of the employees on 
the affected lines, and certify to the Board that it has done so. 49 
CFR 1150.42(e).
    GNBC, concurrently with its notice of exemption, filed a petition 
for waiver of the 60-day advance labor notice requirement under Sec.  
1150.42(e), asserting that no employees will be affected by the 
acquisition of the underlying property of the Line because there will 
be no changes for any employees working on the Line. GNBC already owns 
the rail facilities and has been the sole operator of the Line since 
1987, and will continue to be the sole operator once the transaction 
has been completed. GNBC states no employees have worked on the Line 
since 1987 and no BNSF employees will be affected or have to make any 
career choices as a result of the sale. GNBC also states that posting 
notices on the Line would not provide notice to any BNSF employees 
because no BNSF employees work on the Line. GNBC further states that 
the transaction will not result in any operational or maintenance 
changes on the Line and no GNBC employees will be affected.\2\ GNBC's 
waiver request will be addressed in a separate decision.
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    \2\ According to GNBC, GNBC employees are not unionized.
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    GNBC states that it intends to consummate the transaction on March 
31, 2013, subject to the waiver of the labor notice requirement. The 
Board will establish in the decision on the waiver request the earliest 
this transaction may be consummated.
    If the 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 March 25, 2013.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35718, 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 Eric M. Hocky, Thorp Red & Armstrong, LLP, 
One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 
19103.
    Board decisions and notices are available at our Web site at 
www.stb.dot.gov.

    Decided: March 12, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-06035 Filed 3-14-13; 8:45 am]
BILLING CODE 4915-01-P
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