South Carolina Division of Public Railways d/b/a Palmetto Railways-Acquisition Exemption-Hampton & Branchville Railroad Company, 31292 [2016-11721]

Download as PDF 31292 Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices Affairs’ Office of Sanctions Policy and Implementation (http://www.state.gov/e/eb/ tfs/spi). Updates will also be published in the Federal Register. For further information, please contact the State Department at 202– 647–7489. Note 4: For provisions relating to recordkeeping and reports, see 31 CFR 501.601 and 501.602 and 19 CFR part 163. With this notice, the Department of State is publishing its April 22, 2016, Section 515.582 List. Charles H. Rivkin, Assistant Secretary, Economic and Business Affairs. [FR Doc. 2016–11730 Filed 5–17–16; 8:45 am] BILLING CODE 4710–AE–P SURFACE TRANSPORTATION BOARD [Docket No. FD 35995] South Carolina Division of Public Railways d/b/a Palmetto Railways— Acquisition Exemption—Hampton & Branchville Railroad Company sradovich on DSK3TPTVN1PROD with NOTICES South Carolina Division of Public Railways d/b/a Palmetto Railways (Palmetto), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire three connecting line segments that constitute the entire rail line of Hampton & Branchville Railroad Company (H&B), a total distance of approximately 45.77 miles in Colleton and Hampton Counties, S.C. (H&B Line): (1) From a connection with CSX Transportation, Inc., at milepost 0.0 in Hampton to milepost 16.8 at H&B Junction, a distance of 16.8 miles; (2) from the end of track at milepost 462.37 in Lodge through H&B Junction and Stokes to the end of track at milepost 443.18 in Walterboro, a distance of 19.19 miles; and (3) from approximately milepost 447 at Stokes to the end of track at milepost 456.78 in Canadys, a distance of 9.78 miles.1 Palmetto has certified that the transaction does not involve any provision or agreement that would limit future interchange with a third-party connecting carrier. Palmetto states that its projected annual revenues as a result of this transaction will not result in Palmetto’s 1 Palmetto states that no rail service has been provided on the H&B Line since H&B’s final customer ceased rail shipments in December 2012. Palmetto also states that the stub track between H&B Junction and Lodge has not been in service since 1986, and the stub track between Stokes and Walterboro has not been in service since 1989. According to Palmetto, certain trackage on both stubs has been removed, but neither segment has been abandoned. VerDate Sep<11>2014 17:10 May 17, 2016 Jkt 238001 becoming a Class II or Class I rail carrier, but that its projected annual revenues will exceed $5 million. Accordingly, Palmetto 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 line, post a copy of the notice at the workplace of the employees on the affected line, and certify to the Board that it has done so. 49 CFR 1150.42(e). Palmetto’s verified notice, however, includes a request to waive that requirement. Palmetto states that H&B has not conducted any rail operations in more than three years and does not have any employees, other than its president. Palmetto asserts that providing the 60-day notice would serve no useful purpose because it is merely acquiring the Line to prevent abandonment. Palmetto’s waiver request will be addressed in a separate decision. Palmetto states that it expects to consummate the transaction on or after August 5, 2016.2 The Board will establish in the decision on the waiver request the earliest date this transaction may be consummated. 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 25, 2016. An original and 10 copies of all pleadings, referring to Docket No. FD 35995, 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 Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV’’. Decided: May 13, 2016. 2 Palmetto states that H&B and Palmetto have agreed upon the terms of an Asset Purchase and Sale Agreement providing for Palmetto’s acquisition of all of H&B’s right, title, and interest in the H&B Line. According to Palmetto, the Agreement will be fully executed after Palmetto receives the necessary state agency approvals. Palmetto states that it will concurrently execute a Loan and Security Agreement with Colleton County Intermodal Corporation (CCIC) and Colleton County providing for CCIC’s financing of the acquisition transaction through the issuance of economic development revenue bonds. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 By the Board, Rachel D. Campbell, Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2016–11721 Filed 5–17–16; 8:45 am] BILLING CODE 4915–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Determination Regarding Waiver of Discriminatory Purchasing Requirements With Respect to Goods and Services of Ukraine Office of the United States Trade Representative. ACTION: Determination regarding waiver of discriminatory purchasing requirements under the Trade Agreements Act of 1979. AGENCY: DATES: Effective May 18, 2016. FOR FURTHER INFORMATION CONTACT: Scott Pietan, Director of International Procurement Policy, Office of the United States Trade Representative, (202) 395–9646. SUPPLEMENTARY INFORMATION: On November 11, 2015, the WTO Committee on Government Procurement approved the accession of Ukraine to the World Trade Organization (‘‘WTO’’) Agreement on Government Procurement (‘‘GPA’’). Ukraine submitted its instrument of accession to the SecretaryGeneral of the WTO on April 18, 2016. The GPA will enter into force for Ukraine on May 18, 2016. The United States, which is also a party to the GPA, has agreed to waive discriminatory purchasing requirements for eligible products and suppliers of Ukraine beginning on May 18, 2016. Section 1– 201 of Executive Order 12260 of December 31, 1980 delegated the functions of the President under sections 301 and 302 of the Trade Agreements Act of 1979 (‘‘the Trade Agreements Act’’) (19 U.S.C. 2511, 2512) to the United States Trade Representative. Determination: In conformity with sections 301 and 302 of the Trade Agreements Act, and in order to carry out U.S. obligations under the GPA, I hereby determine that: 1. Ukraine has become a party to the GPA and will provide appropriate reciprocal competitive government procurement opportunities to United States products and services and suppliers of such products and services. In accordance with section 301(b)(1) of the Trade Agreements Act, Ukraine is so designated for purposes of section 301(a) of the Trade Agreements Act. E:\FR\FM\18MYN1.SGM 18MYN1

Agencies

[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)]
[Notices]
[Page 31292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11721]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35995]


South Carolina Division of Public Railways d/b/a Palmetto 
Railways--Acquisition Exemption--Hampton & Branchville Railroad Company

    South Carolina Division of Public Railways d/b/a Palmetto Railways 
(Palmetto), a Class III rail carrier, has filed a verified notice of 
exemption under 49 CFR 1150.41 to acquire three connecting line 
segments that constitute the entire rail line of Hampton & Branchville 
Railroad Company (H&B), a total distance of approximately 45.77 miles 
in Colleton and Hampton Counties, S.C. (H&B Line): (1) From a 
connection with CSX Transportation, Inc., at milepost 0.0 in Hampton to 
milepost 16.8 at H&B Junction, a distance of 16.8 miles; (2) from the 
end of track at milepost 462.37 in Lodge through H&B Junction and 
Stokes to the end of track at milepost 443.18 in Walterboro, a distance 
of 19.19 miles; and (3) from approximately milepost 447 at Stokes to 
the end of track at milepost 456.78 in Canadys, a distance of 9.78 
miles.\1\
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    \1\ Palmetto states that no rail service has been provided on 
the H&B Line since H&B's final customer ceased rail shipments in 
December 2012. Palmetto also states that the stub track between H&B 
Junction and Lodge has not been in service since 1986, and the stub 
track between Stokes and Walterboro has not been in service since 
1989. According to Palmetto, certain trackage on both stubs has been 
removed, but neither segment has been abandoned.
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    Palmetto has certified that the transaction does not involve any 
provision or agreement that would limit future interchange with a 
third-party connecting carrier.
    Palmetto states that its projected annual revenues as a result of 
this transaction will not result in Palmetto's becoming a Class II or 
Class I rail carrier, but that its projected annual revenues will 
exceed $5 million. Accordingly, Palmetto 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 line, post a copy of the notice at the workplace of the 
employees on the affected line, and certify to the Board that it has 
done so. 49 CFR 1150.42(e). Palmetto's verified notice, however, 
includes a request to waive that requirement. Palmetto states that H&B 
has not conducted any rail operations in more than three years and does 
not have any employees, other than its president. Palmetto asserts that 
providing the 60-day notice would serve no useful purpose because it is 
merely acquiring the Line to prevent abandonment. Palmetto's waiver 
request will be addressed in a separate decision.
    Palmetto states that it expects to consummate the transaction on or 
after August 5, 2016.\2\ The Board will establish in the decision on 
the waiver request the earliest date this transaction may be 
consummated.
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    \2\ Palmetto states that H&B and Palmetto have agreed upon the 
terms of an Asset Purchase and Sale Agreement providing for 
Palmetto's acquisition of all of H&B's right, title, and interest in 
the H&B Line. According to Palmetto, the Agreement will be fully 
executed after Palmetto receives the necessary state agency 
approvals. Palmetto states that it will concurrently execute a Loan 
and Security Agreement with Colleton County Intermodal Corporation 
(CCIC) and Colleton County providing for CCIC's financing of the 
acquisition transaction through the issuance of economic development 
revenue bonds.
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    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 25, 2016.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35995, 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 Thomas J. Litwiler, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 920, Chicago, IL 60606.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV''.

    Decided: May 13, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2016-11721 Filed 5-17-16; 8:45 am]
 BILLING CODE 4915-01-P