Kokomo Rail, LLC-Acquisition and Operation Exemption-Rail Line of Indian Creek Railroad Company, 87122-87123 [2016-28943]

Download as PDF 87122 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices SURFACE TRANSPORTATION BOARD [Docket No. FD 36071] Delmarva Central Railroad Company— Lease and Operation Exemption With Interchange Commitment—Norfolk Southern Railway Company asabaliauskas on DSK3SPTVN1PROD with NOTICES Delmarva Central Railroad Company (DCR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease and operate approximately 161.59 miles of track (the Line) currently owned and operated by Norfolk Southern Railway Company (NSR) consisting of (1) a line of railroad extending between Porter, Del., at milepost DM 14.4 and Pocomoke, Md., at milepost DM 128.19; (2) a line of railroad extending between Harrington, Del., at milepost IR 0.0 and Frankford, Del., at milepost IR 39.0; and (3) various industrial tracks.1 This transaction is related to a concurrently filed verified notice of exemption in Carload Express, Inc.— Continuance in Control Exemption— Delmarva Central Railroad, Docket No. FD 36072, in which Carload Express, Inc., seeks to continue in control of DCR upon DCR’s becoming a Class III rail carrier. DCR states that is has reached an agreement in principle with NSR to lease and operate the Line upon the effective date established by the Board and that a final version of the agreement is expected to be executed shortly. As required by 49 CFR 1150.33(h), DCR has disclosed in its verified notice that the agreement contains interchange commitments, including lease credits, and that the agreement affects interchange at Tasker, Del. (near New Castle, Del.) and Clay, Del. (near Clayton, Del.). In addition, DCR has provided additional information regarding the interchange commitments as required by § 1150.33(h).2 DCR certifies that its projected annual revenues resulting from the transaction 1 These segments include the Oxford Industrial Track between mileposts VQ 0 and VQ 0.4, the Cambridge Industrial Track between mileposts QT 0.0 and QT 2.3, the Willards Industrial Track between mileposts MW 42.05 and MW 45.7, the Mardella Industrial Track between mileposts MW 41.4 and MW 42.05, the Mill Street Industrial Track between mileposts MR 0.0 and MR 0.6, and the Chrisfield Industrial Track between mileposts KK 0.0 and KK 1.2. DCR notes that the parties do not intend to convey common carrier authority over such industrial tracks or convert such industrial tracks into 49 U.S.C. 10901 lines. 2 DCR states that, for it to conduct operations, it will enter into various interchange agreements, some of which will include limited trackage rights to be used solely for interchange purposes. DCR notes, for example, to interchange at Tasker, DCR crews will need to operate over NSR and to interchange at Clay, NSR crews will need to operate over DCR. VerDate Sep<11>2014 17:55 Dec 01, 2016 Jkt 241001 will not exceed those that would qualify it as a Class III rail carrier. DCR notes, however, that its annual operating revenues will exceed $5 million. Accordingly, in compliance with 49 CFR 1150.32(e), DCR/NSR posted the required 60-day labor notice of this transaction at the workplaces of NSR employees on the Line on October 18, 2016, and has served that notice on the national offices of the labor unions for those employees’ unions as of that same date. On October 18, 2016, DCR also filed a letter with the Board certifying its compliance with the advance notice requirements. The transaction may be consummated on or after December 17, 2016, the effective date of the exemption (30 days after the verified notice of 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 a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than December 9, 2016 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36071, 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 William A. Mullins, Baker & Miller, PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. According to DCR, this action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available on our website at WWW.STB.GOV. Decided: November 28, 2016. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2016–28950 Filed 12–1–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36070] Kokomo Rail, LLC—Acquisition and Operation Exemption—Rail Line of Indian Creek Railroad Company Kokomo Rail, LLC (KR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and operate approximately 4.55 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 miles of rail line (the Line), from Indian Creek Railroad Company (ICRK).1 According to KR’s notice, the Line extends between a point of connection to Norfolk Southern Railway Company at or near Florida Station and the end of track northwest of Anderson, Ind., a distance of 4.55 miles in Madison County, Ind. The Line does not have milepost designations. KR states that in Kokomo Rail Co., Inc.—Acquisition and Operation Exemption—Rail Line of Indian Creek Railroad Company, FD 36054 (STB served Aug. 18, 2016), Kokomo Rail Co., Inc. (KRC) was authorized to acquire and operate ICRK’s rail line. However, according to KR, KRC’s corporate identity had been dissolved before that notice was filed. KR further states that KRC’s authority to acquire and operate ICRK’s rail was not consummated. KR certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier, that its projected annual revenue will not exceed $5 million, and that the transaction does not involve any interchange commitments. The earliest this transaction may be consummated is December 17, 2016, the effective date of the exemption (30 days after the amended verified notice of exemption was filed). 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 transaction. Petitions for stay must be filed no later than December 9, 2016 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36070, 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 F. McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1666, Chicago, IL 60604. According to KR, this action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available on our Web site at WWW.STB.GOV. Decided: November 25, 2016. 1 KR filed the verified notice of exemption on October 27, 2016, a letter supplementing the record on November 7, 2016, and an amended verified notice on November 17, 2016. E:\FR\FM\02DEN1.SGM 02DEN1 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2016–28943 Filed 12–1–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36072] Carload Express, Inc.—Continuance in Control Exemption—Delmarva Central Railroad Company asabaliauskas on DSK3SPTVN1PROD with NOTICES Carload Express, Inc. (CEI), has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Delmarva Central Railroad Company (DCR) upon DCR’s becoming a Class III rail carrier. CEI is a Class III non-operating rail holding company currently with subsidiary companies operating rail line in Pennsylvania and Ohio. This transaction is related to a concurrently filed verified notice of exemption in Delmarva Central Railroad—Lease & Operation Exemption with Interchange Commitment—Norfolk Southern Railway, FD 36071, in which DCR has filed for authority under 49 CFR 1150.31 to lease and operate approximately 161.59 miles of track (the Line) currently owned and operated by Norfolk Southern Railway Company (NSR) consisting of (1) a line of railroad extending between Porter, Del., at milepost DM 14.4 and Pocomoke, Md., at milepost DM 128.19; (2) a line of railroad extending between Harrington, Del., at milepost IR 0.0 and Frankford, Del., at milepost IR 39.0; and (3) various industrial tracks.1 The transaction may be consummated on or after December 17, 2016, the effective date of the exemption. CEI currently controls three Class III carriers: Allegheny Valley Railroad Company and Southwest Pennsylvania Railroad Company, which operate in Pennsylvania, and Ohio Terminal Railway Company, which operates in Ohio. CEI certifies that (1) the rail lines to be operated by DCR do not connect with 1 DCR states in its verified notice that these segments include the Oxford Industrial Track between mileposts VQ 0 and VQ 0.4, the Cambridge Industrial Track between mileposts QT 0.0 and QT 2.3, the Willards Industrial Track between mileposts MW 42.05 and MW 45.7, the Mardella Industrial Track between mileposts MW 41.4 and MW 42.05, the Mill Street Industrial Track between mileposts MR 0.0 and MR 0.6, and the Chrisfield Industrial Track between mileposts KK 0.0 and KK 1.2. DCR notes that the parties do not intend to convey common carrier authority over such industrial tracks or convert such industrial tracks into 49 U.S.C. 10901 lines. VerDate Sep<11>2014 17:55 Dec 01, 2016 Jkt 241001 any other railroads in the CEI corporate family; (2) the proposed continuance in control is not part of a series of anticipated transactions that would connect the carriers with each other or any railroad in their corporate family; and (3) the transaction does not involve a Class I carrier. Therefore, pursuant to 49 CFR 1180.2(d)(2), the proposed transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. 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 §§ 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 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. Stay petitions must be filed no later than December 9, 2016 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36072, 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 William A. Mullins, Baker & Miller, PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. Board decisions and notices are available on our website at WWW.STB.GOV. Decided: November 28, 2016. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2016–28949 Filed 12–1–16; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Sixth RTCA SC–235 Non Rechargeable Lithium Batteries Plenary Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). AGENCY: PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 87123 Sixth RTCA SC–235 Non Rechargeable Lithium Batteries Plenary. ACTION: The FAA is issuing this notice to advise the public of a meeting of Sixth RTCA SC–235 Non Rechargeable Lithium Batteries Plenary. SUMMARY: The meeting will be held January 25, 2017 09:00 a.m.–05:00 p.m. DATES: The meeting will be held Virtually at https://rtca.webex.com/rtca/ j.php?MTID=mbbd6ff9a890bf402c705cc 80485a74f1, Join by phone, 1–877–668– 4493 Call-in toll-free number (U.S./ Canada), 1–650–479–3208 Call-in toll number (U.S./Canada), Access code: 636 752 137. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Karan Hofmann at khofmann@rtca.org or 202–330–0680, or The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, DC, 20036, or by telephone at (202) 833–9339, fax at (202) 833–9434, or Web site at http:// www.rtca.org. Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., App.), notice is hereby given for a meeting of the Sixth RTCA SC–235 Non Rechargeable Lithium Batteries Plenary. The agenda will include the following: SUPPLEMENTARY INFORMATION: Wednesday, January 25, 2017—9:00 a.m.–5:00 p.m. 1. Welcome and Administrative Remarks 2. Introductions 3. Agenda Review 4. Meeting-Minutes Review 5. Final Review and Comment (FRAC) Process Presentation 6. Final Review of Document 7. Approve Document for FRAC 8. Review of Program Schedule 9. Action Item Review 10. Any Other Business 11. Date and Place of Next Meeting 12. Adjourn Attendance is open to the interested public but limited to space availability. With the approval of the chairman, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. E:\FR\FM\02DEN1.SGM 02DEN1

Agencies

[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Notices]
[Pages 87122-87123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28943]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36070]


Kokomo Rail, LLC--Acquisition and Operation Exemption--Rail Line 
of Indian Creek Railroad Company

    Kokomo Rail, LLC (KR), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to acquire and 
operate approximately 4.55 miles of rail line (the Line), from Indian 
Creek Railroad Company (ICRK).\1\ According to KR's notice, the Line 
extends between a point of connection to Norfolk Southern Railway 
Company at or near Florida Station and the end of track northwest of 
Anderson, Ind., a distance of 4.55 miles in Madison County, Ind. The 
Line does not have milepost designations.
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    \1\ KR filed the verified notice of exemption on October 27, 
2016, a letter supplementing the record on November 7, 2016, and an 
amended verified notice on November 17, 2016.
---------------------------------------------------------------------------

    KR states that in Kokomo Rail Co., Inc.--Acquisition and Operation 
Exemption--Rail Line of Indian Creek Railroad Company, FD 36054 (STB 
served Aug. 18, 2016), Kokomo Rail Co., Inc. (KRC) was authorized to 
acquire and operate ICRK's rail line. However, according to KR, KRC's 
corporate identity had been dissolved before that notice was filed. KR 
further states that KRC's authority to acquire and operate ICRK's rail 
was not consummated.
    KR certifies that its projected annual revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier, that its projected annual revenue will not exceed $5 
million, and that the transaction does not involve any interchange 
commitments.
    The earliest this transaction may be consummated is December 17, 
2016, the effective date of the exemption (30 days after the amended 
verified notice of exemption was filed).
    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 transaction. Petitions for stay 
must be filed no later than December 9, 2016 (at least 7 days before 
the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36070, 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 F. McFarland, Thomas F. McFarland, 
P.C., 208 South LaSalle Street, Suite 1666, Chicago, IL 60604.
    According to KR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: November 25, 2016.


[[Page 87123]]


    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.

Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-28943 Filed 12-1-16; 8:45 am]
 BILLING CODE 4915-01-P