Savage Davenport Railroad Company-Lease and Operation Exemption-City of Davenport, Iowa, 41674 [2017-18582]

Download as PDF 41674 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices STATE JUSTICE INSTITUTE SJI Board of Directors Meeting, Notice State Justice Institute. Notice of meeting. AGENCY: ACTION: The SJI Board of Directors will be meeting on Monday, September 11, 2017 at 1:45 p.m. The meeting will be held at the Umstead Hotel in Cary, North Carolina. The purpose of this meeting is to consider grant applications for the 4th quarter of FY 2017, and other business. All portions of this meeting are open to the public. ADDRESSES: Umstead Hotel, 100 Woodland Pond Drive, Cary, NC 27513. FOR FURTHER INFORMATION CONTACT: Jonathan Mattiello, Executive Director, State Justice Institute, 11951 Freedom Drive, Suite 1020, Reston, VA 20190, 571–313–8843, contact@sji.gov. SUMMARY: Jonathan D. Mattiello, Executive Director. [FR Doc. 2017–18595 Filed 8–31–17; 8:45 am] BILLING CODE 6820–SC–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36142] Savage Davenport Railroad Company—Lease and Operation Exemption—City of Davenport, Iowa sradovich on DSK3GMQ082PROD with NOTICES Savage Davenport Railroad Company (SDR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from the City of Davenport, Iowa (City) and to operate a 2.8-mile line of railroad (the Line).1 The Line extends west and south from a point about 75 feet from milepost 191.2 on a CP mainline, near Davenport, Iowa, to the City-owned Davenport Transload Facility.2 This transaction is related to a concurrently filed verified notice of exemption in Savage Services Corporation—Continuance in Control Exemption—Savage Davenport Railroad Company, Docket No. FD 36142 (SubNo. 1), in which Savage Services Corporation seeks Board approval to continue in control of SDR upon SDR’s becoming a Class III rail carrier. 1 In addition to leasing the Line from the City, SDR indicates that it is entering into an interchange agreement with Dakota, Minnesota and Eastern Railroad Corporation, a rail carrier subsidiary of Canadian Pacific Railway Limited (CP). 2 SDR indicates that the Board approved the City’s construction of the subject line in City of Davenport, Iowa—Construction & Operation Exemption—in Scott County, Iowa, FD 35237 (STB served April 6, 2011). SDR states that there are no mileposts on the subject line but that it may install mileposts at a later date. VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 SDR certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class I or Class II rail carrier and will not exceed $5 million. SDR also states that there are no provisions or agreements limiting interchange with other carriers. The transaction may be consummated on or after September 15, 2017, 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 September 8, 2017 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36142, 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 applicant’s representative, Richard F. Riley Jr., Foley & Lardner LLP, 3000 K Street NW., Suite 600, Washington, DC 20007–5109. According to SDR, 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: August 29, 2017. By the Board, Rachel D. Campbell, Director, Office of Proceedings. ` Rena Laws-Byrum, Clearance Clerk. [FR Doc. 2017–18582 Filed 8–31–17; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36142 (Sub-No. 1)] Savage Services Corporation— Continuance in Control Exemption— Savage Davenport Railroad Company Savage Services Corporation (Savage) has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Savage Davenport Railroad Company (SDR) upon SDR’s becoming a Class III rail carrier. This transaction is related to a concurrently filed verified notice of exemption in Savage Davenport Railroad Company—Lease & Operation Exemption—City of Davenport, Iowa, Docket No. FD 36142. In that proceeding, SDR seeks an exemption PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 under 49 CFR 1150.31 to lease and operate a 2.8-mile line of railroad owned by the City of Davenport, Iowa. The earliest this transaction may be consummated is September 15, 2017, the effective date of the exemption (30 days after the verified notice was filed). SDR states that it intends to consummate the transaction in October 2017. Savage is a privately held company that controls Savage, Bingham & Garfield Railroad Company (SBG), a Class III rail carrier. Savage represents that: (1) The rail lines of SDR and SBG do not connect with each other; (2) the continuance in control is not part of a series of anticipated transactions that would connect the rail line to be operated by SDR with any other railroad in applicant’s corporate family; and (3) there are no other rail carriers in the Savage corporate family.1 Therefore, the proposed transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). 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 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 September 8, 2017 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36142 (Sub-No. 1) 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 applicant’s representative, Richard F. Riley Jr., Foley & Lardner LLP, 3000 K Street NW., Suite 600, Washington, DC 20007– 5109. 1 Although Savage does not explicitly state that its transaction will not involve a Class I carrier, see 49 CFR 1180.2(d)(2)(iii), the Board infers such as SBG is a Class III carrier, SDR has sought an exemption under 49 CFR 1150.31 to become a Class III carrier, and there are no other rail carriers in the Savage corporate family. E:\FR\FM\01SEN1.SGM 01SEN1

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[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Page 41674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18582]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36142]


Savage Davenport Railroad Company--Lease and Operation 
Exemption--City of Davenport, Iowa

    Savage Davenport Railroad Company (SDR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease from the 
City of Davenport, Iowa (City) and to operate a 2.8-mile line of 
railroad (the Line).\1\ The Line extends west and south from a point 
about 75 feet from milepost 191.2 on a CP mainline, near Davenport, 
Iowa, to the City-owned Davenport Transload Facility.\2\
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    \1\ In addition to leasing the Line from the City, SDR indicates 
that it is entering into an interchange agreement with Dakota, 
Minnesota and Eastern Railroad Corporation, a rail carrier 
subsidiary of Canadian Pacific Railway Limited (CP).
    \2\ SDR indicates that the Board approved the City's 
construction of the subject line in City of Davenport, Iowa--
Construction & Operation Exemption--in Scott County, Iowa, FD 35237 
(STB served April 6, 2011). SDR states that there are no mileposts 
on the subject line but that it may install mileposts at a later 
date.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Savage Services Corporation--Continuance in Control 
Exemption--Savage Davenport Railroad Company, Docket No. FD 36142 (Sub-
No. 1), in which Savage Services Corporation seeks Board approval to 
continue in control of SDR upon SDR's becoming a Class III rail 
carrier.
    SDR certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class I or Class 
II rail carrier and will not exceed $5 million. SDR also states that 
there are no provisions or agreements limiting interchange with other 
carriers.
    The transaction may be consummated on or after September 15, 2017, 
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 September 8, 2017 (at least seven days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36142, 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 applicant's representative, Richard F. Riley 
Jr., Foley & Lardner LLP, 3000 K Street NW., Suite 600, Washington, DC 
20007-5109.
    According to SDR, 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: August 29, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Ren[agrave] Laws-Byrum,
Clearance Clerk.
[FR Doc. 2017-18582 Filed 8-31-17; 8:45 am]
BILLING CODE 4915-01-P