Hainesport Industrial Railroad, LLC-Lease and Operation Exemption-Hainesport Secondary Railroad, LLC, 22111-22112 [2018-10059]

Download as PDF Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Notices Incident Period: 02/14/2018 through 03/04/2018. SURFACE TRANSPORTATION BOARD Issued on 05/05/2018. Physical Loan Application Deadline Date: 07/05/2018. Economic Injury (EIDL) Loan Application Deadline Date: 02/05/2019. [Docket No. FD 36190] DATES: Terminal Railway Alabama State Docks—Temporary Trackage Rights Exemption—Norfolk Southern Railway Company Terminal Railway Alabama State Docks (TASD), a Class III switching and terminal carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(8) for its acquisition of temporary overhead trackage rights from FOR FURTHER INFORMATION CONTACT: A. Norfolk Southern Railway Company Escobar, Office of Disaster Assistance, (NSR) over NSR’s 3–B South District rail U.S. Small Business Administration, line between the connection with TASD 409 3rd Street SW, Suite 6050, at approximately milepost 146.9 MB at Washington, DC 20416, (202) 205–6734. CN Crossing and the connection with TASD at approximately milepost 144.0 SUPPLEMENTARY INFORMATION: Notice is MB at Terminal Junction, a distance of hereby given that as a result of the President’s major disaster declaration on approximately 2.9 miles in Mobile, Ala. (the Line). 05/05/2018, Private Non-Profit TASD states that, pursuant to a organizations that provide essential written Detour and Temporary Trackage services of a governmental nature may Rights Agreement (Agreement) dated file disaster loan applications at the April 18, 2018,1 NSR has agreed to grant address listed above or other locally the specified temporary overhead announced locations. trackage rights to TASD. TASD has The following areas have been concurrently filed a petition for waiver determined to be adversely affected by of the 30-day period under 49 CFR the disaster: 1180.4(g) to allow the proposed temporary trackage rights to become Primary Counties: Benton, Clark, Crawford, Dearborn, Elkhart, Floyd, effective immediately.2 TASD states that it intends to consummate the Fulton, Gibson, Harrison, Jasper, transaction immediately upon issuance Jefferson, La Porte, Marshall, of the Board’s decision on its petition Newton, Ohio, Perry, Porter, for waiver, if waiver is granted, or upon Spencer, St Joseph, Starke, the effective date of the notice, May 27, Switzerland, Vanderburgh, 2018. The sole purpose of the trackage Vermillion, Wabash, Warren, rights is to accommodate emergency Warrick, White. detour operations by TASD over the The Interest Rates are: Line while repairs are made to TASD’s Viaduct Bridge. The temporary trackage Percent rights will expire on October 18, 2018. As a condition to this exemption, any For Physical Damage: employees affected by the acquisition of Non-Profit Organizations with the temporary trackage rights will be Credit Available Elsewhere ... 2.500 protected by the conditions imposed in Non-Profit Organizations withNorfolk & Western Railway—Trackage out Credit Available Elsewhere ..................................... 2.500 Rights—Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in For Economic Injury: Mendocino Coast Railway—Lease & Non-Profit Organizations withOperate—California Western Railroad, out Credit Available Elsewhere ..................................... 2.500 360 I.C.C. 653 (1980), and any employees affected by the discontinuance of those trackage rights The number assigned to this disaster will be protected by the conditions set for physical damage is 155146 and for out in Oregon Short Line Railroad— economic injury is 155150. Abandonment Portion Goshen Branch (Catalog of Federal Domestic Assistance Between Firth & Ammon, in Bingham & Number 59008) Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). James Rivera, Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. sradovich on DSK3GMQ082PROD with NOTICES ADDRESSES: Associate Administrator for Disaster Assistance. [FR Doc. 2018–10032 Filed 5–10–18; 8:45 am] BILLING CODE 8025–01–P VerDate Sep<11>2014 19:21 May 10, 2018 Jkt 244001 1 A copy of the Agreement was filed with the notice. 2 The petition for waiver will be addressed in a separate decision. PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 22111 This notice is filed under 49 CFR 1180.2(d)(8). 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. An original and 10 copies of all pleadings, referring to Docket No. FD 36190, 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, Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. According to TASD, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and historic reporting under 49 CFR 1105.8(b)(3). Board decisions and notices are available on our website at ‘‘WWW.STB.GOV.’’ Decided: May 8, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–10115 Filed 5–10–18; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36185] Hainesport Industrial Railroad, LLC— Lease and Operation Exemption— Hainesport Secondary Railroad, LLC Hainesport Industrial Railroad, LLC (Hainesport Industrial), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease and operate a line of railroad consisting of a yard, grounds, and improvements thereon (the Line), owned by its corporate affiliate, Hainesport Secondary Railroad, LLC (Hainesport Secondary). The Line is located at Block 104 of Lot 11 on the Tax Map of the Township of Hainesport, NJ, at 5900 Delaware Avenue. The Line includes a permanent easement running over Block 104, Lot 8.01, on the Tax Map of Hainesport.1 The verified notice states that Hainesport Industrial and Hainesport Secondary entered into a 10-year lease agreement on January 1, 2016, but did not realize that the lease and operation agreement required Board approval. 1 Hainesport Industrial states that there are no milepost designations associated with the Line. E:\FR\FM\11MYN1.SGM 11MYN1 22112 Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Notices sradovich on DSK3GMQ082PROD with NOTICES Hainesport Industrial states that the transaction will not result in it becoming a Class I or Class II rail carrier but that its projected annual revenues will exceed $5 million. Accordingly, Hainesport Industrial is required, at least 60 days before this exemption is to become effective, to send notice of the transaction to the national office 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). Hainesport Industrial, concurrently with its notice of exemption, filed a letter requesting waiver of the 60-day advance labor notice requirement under § 1150.42(e), asserting that: (1) Hainesport Secondary will be the entity actually performing rail operations and employing personnel; and (2) no Hainesport Industrial employees will be affected because Hainesport Industrial does not have any employees. Hainesport Industrial’s waiver request will be addressed in a separate decision. The Board will establish in the decision on the waiver request the date this exemption will become effective. Hainesport Industrial also certifies that the proposed acquisition does not involve an interchange commitment or other limitation of future interchange with a third-party connecting carrier.2 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 May 18, 2018. An original and 10 copies of all pleadings, referring to Docket No. FD 36185, 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 John D. Heffner, ClarkHillStrasburger, 1025 Connecticut Avenue NW, Suite 717, Washington, DC 20036. According to Hainesport Industrial, this action is exempt from environmental review under 49 CFR 2 The verified notice of exemption includes conflicting information regarding the existence of interchange commitments. See Verified Notice of Exemption 7. However, in a letter filed on May 4, 2018, Hainesport Industrial certified that ‘‘there are no interchange commitments involved in this transaction.’’ The letter cites 49 CFR part 1180. The correct regulation governing disclosure of interchange agreements in this proceeding is 49 CFR 1150.43(h), but as the relevant portion of the regulations in parts 1150 and 1180 are identical, the certification is adequate. VerDate Sep<11>2014 19:21 May 10, 2018 Jkt 244001 1105.6(c) and exempt from historic review under 49 CFR 1105.8(b)(1). Board decisions and notices are available on our website at WWW.STB.GOV. Decided: May 8, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2018–10059 Filed 5–10–18; 8:45 am] United States submits or receives a request for the establishment of a WTO dispute settlement panel. Pursuant to this provision, USTR is providing notice that the United States has requested a dispute settlement panel pursuant to the WTO Understanding on Rules Procedures Governing the Settlement of Disputes (DSU). Once the WTO establishes a dispute settlement panel, the panel will hold its meetings in Geneva Switzerland. BILLING CODE 4915–01–P II. Major Issues Raised by India On December 19, 2014, the WTO Dispute Settlement Body (DSB) adopted OFFICE OF THE UNITED STATES its recommendations and rulings in the TRADE REPRESENTATIVE dispute United States—Countervailing [Docket Number USTR–2018–0011; Dispute Measures on Certain Hot-Rolled Steel Number WT/DS436] Flat Products from India (DS436). The DSB found that certain countervailing WTO Dispute Settlement Proceeding: United States Countervailing Measures duty measures imposed by the United States on certain hot-rolled steel flat on Certain Hot-Rolled Carbon Steel products imported from India (C–533– Flat Products From India 821) were inconsistent with its AGENCY: Office of the United States obligations under the Agreement on Trade Representative. Subsidies and Countervailing Measures (SCM Agreement). The DSB ACTION: Notice with request for recommended that the United States comments. bring its measures into conformity with SUMMARY: The Office of the United its obligations under the SCM States Trade Representative (USTR) is Agreement. The U.S. Department of Commerce providing notice that India has requested the establishment of a dispute (DOC) and the U.S. International Trade Commission (ITC) subsequently issued settlement panel under the Marrakesh Agreement Establishing the World Trade section 129 determinations. On April 28, 2016, the U.S. Trade Representative Organization (WTO Agreement). That request may be found at www.wto.org in directed DOC to implement its determinations, pursuant to section 129 a document designated as WT/DS436/ of the Uruguay Round Agreements Act 18. USTR invites written comments (19 U.S.C. 3538(b)(4)). Notice of the from the public concerning the issues completed implementation process was raised in this dispute. published in the Federal Register on DATES: Although USTR will accept any comments received during the course of May 6, 2016 as Implementation of the dispute settlement proceedings, you Determinations Under Section 129 of the Uruguay Round Agreements Act (81 should submit your comment on or FR 27412). before June 11, 2018 be assured of On June 5, 2017, pursuant to an timely consideration by USTR. understanding on procedures under ADDRESSES: USTR strongly prefers Articles 21 and 22 of the DSU, India electronic submissions made through requested consultations with the United the Federal eRulemaking Portal: http:// States. You can find that at www.wto.org www.regulations.gov. Follow the in a document designated as WT/ instructions for submitting comments in DS436/17. The United States and India Section III below. The docket number held consultations on July 13, 2017. On USTR–2018–0011. For alternatives to March 29, 2018, the United States on-line submissions, please contact received India’s request for the Sandy McKinzy at (202) 395–9483. establishment of a panel. FOR FURTHER INFORMATION CONTACT: In its request for the establishment of Assistant General Counsel Amanda Lee a panel, India alleges that the DOC and at 202–395–9589 or Assistant General ITC section 129 determinations are not Counsel Ryan Majerus at 202–395–0380. consistent with the United States’ obligations under Articles 1, 2, 10, 11, SUPPLEMENTARY INFORMATION: 12, 13, 14, 15, 19, 21, 22 and 32 of the I. Background SCM Agreement, as well as Article VI of the GATT 1994. India also alleges that Section 127(b)(1) of the Uruguay the United States’ failure to amend 19 Round Agreements Act (URAA) (19 U.S.C. 1677(7)(G)(iii) is inconsistent U.S.C. 3537(b)(1)) requires notice and with Article 15 of the SCM Agreement. opportunity for comment after the PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\11MYN1.SGM 11MYN1

Agencies

[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Notices]
[Pages 22111-22112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10059]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36185]


Hainesport Industrial Railroad, LLC--Lease and Operation 
Exemption--Hainesport Secondary Railroad, LLC

    Hainesport Industrial Railroad, LLC (Hainesport Industrial), a 
Class III rail carrier, has filed a verified notice of exemption under 
49 CFR 1150.41 to lease and operate a line of railroad consisting of a 
yard, grounds, and improvements thereon (the Line), owned by its 
corporate affiliate, Hainesport Secondary Railroad, LLC (Hainesport 
Secondary). The Line is located at Block 104 of Lot 11 on the Tax Map 
of the Township of Hainesport, NJ, at 5900 Delaware Avenue. The Line 
includes a permanent easement running over Block 104, Lot 8.01, on the 
Tax Map of Hainesport.\1\
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    \1\ Hainesport Industrial states that there are no milepost 
designations associated with the Line.
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    The verified notice states that Hainesport Industrial and 
Hainesport Secondary entered into a 10-year lease agreement on January 
1, 2016, but did not realize that the lease and operation agreement 
required Board approval.

[[Page 22112]]

    Hainesport Industrial states that the transaction will not result 
in it becoming a Class I or Class II rail carrier but that its 
projected annual revenues will exceed $5 million. Accordingly, 
Hainesport Industrial is required, at least 60 days before this 
exemption is to become effective, to send notice of the transaction to 
the national office 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).
    Hainesport Industrial, concurrently with its notice of exemption, 
filed a letter requesting waiver of the 60-day advance labor notice 
requirement under Sec.  1150.42(e), asserting that: (1) Hainesport 
Secondary will be the entity actually performing rail operations and 
employing personnel; and (2) no Hainesport Industrial employees will be 
affected because Hainesport Industrial does not have any employees. 
Hainesport Industrial's waiver request will be addressed in a separate 
decision. The Board will establish in the decision on the waiver 
request the date this exemption will become effective.
    Hainesport Industrial also certifies that the proposed acquisition 
does not involve an interchange commitment or other limitation of 
future interchange with a third-party connecting carrier.\2\
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    \2\ The verified notice of exemption includes conflicting 
information regarding the existence of interchange commitments. See 
Verified Notice of Exemption 7. However, in a letter filed on May 4, 
2018, Hainesport Industrial certified that ``there are no 
interchange commitments involved in this transaction.'' The letter 
cites 49 CFR part 1180. The correct regulation governing disclosure 
of interchange agreements in this proceeding is 49 CFR 1150.43(h), 
but as the relevant portion of the regulations in parts 1150 and 
1180 are identical, the certification is adequate.
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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 for stay must be filed no later than May 18, 2018.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36185, 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 John D. Heffner, ClarkHillStrasburger, 1025 
Connecticut Avenue NW, Suite 717, Washington, DC 20036.
    According to Hainesport Industrial, this action is exempt from 
environmental review under 49 CFR 1105.6(c) and exempt from historic 
review under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: May 8, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2018-10059 Filed 5-10-18; 8:45 am]
 BILLING CODE 4915-01-P