Wilmington Terminal Railroad, Limited Partnership-Temporary Trackage Rights Exemption-CSX Transportation, Inc., 23324-23325 [2018-10591]

Download as PDF 23324 Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices Incident: Kilauea Volcanic Eruption and Earthquakes. Incident Period: 05/03/2018 and continuing. SURFACE TRANSPORTATION BOARD [Docket No. FD 36193] Issued on 05/11/2018. Physical Loan Application Deadline Date: 07/10/2018. Economic Injury (EIDL) Loan Application Deadline Date: 02/11/2019. daltland on DSKBBV9HB2PROD with NOTICES DATES: Chicago Junction Railway Company, LLC—Change in Operators Exemption Including Interchange Commitment— Chicago Terminal Railroad Company Chicago Junction Railway Company, LLC (CJR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to assume operations over ADDRESSES: Submit completed loan approximately 25 miles of rail line applications to: U.S. Small Business owned by Union Pacific Railroad Administration, Processing and Company (UP) located in the Centex Disbursement Center, 14925 Kingsport Industrial Park and 11,500 feet of track Road, Fort Worth, TX 76155. in the adjacent Elk Grove Yard in Elk Grove Village, Ill. (the Lines). The Lines FOR FURTHER INFORMATION CONTACT: A. originate at the west end of UP’s Escobar, Office of Disaster Assistance, approximate 800-foot Elk Grove Lead U.S. Small Business Administration, track extending from its Milwaukee 409 3rd Street SW, Suite 6050, Subdivision at milepost 7.8. Washington, DC 20416, (202) 205–6734. The verified notice indicates that the Lines are currently operated by Chicago SUPPLEMENTARY INFORMATION: Notice is Terminal Railroad Company (CTR) and hereby given that as a result of the President’s major disaster declaration on that, as a result of this transaction, CJR will become a Class III carrier and 05/11/2018, Private Non-Profit replace CTR as the Lines’ operator. CJR organizations that provide essential states that CTR’s current operations on services of a governmental nature may the Lines are governed by an agreement file disaster loan applications at the between UP and CTR that will be address listed above or other locally terminated as of May 31, 2018, and that announced locations. CTR is ceasing its operation of the Lines The following areas have been pursuant to that termination and does determined to be adversely affected by not object to the proposed change in the disaster: operators. CJR further states that it and UP have agreed to enter into a lease Primary Area: Hawaii agreement providing for CJR’s lease and The Interest Rates are: operation of, and provision of rail common carrier service on, the Lines. Percent CJR states that it is a newly formed, noncarrier subsidiary of Progressive Rail For Physical Damage: Incorporated (PGR). According to CJR, Non-Profit Organizations with PGR is a Class III rail carrier that Credit Available Elsewhere ... 2.500 controls five other Class III rail carriers Non-Profit Organizations withthat operate in the Upper Midwest and out Credit Available Elsewhere ..................................... 2.500 North Carolina. This transaction is related to a For Economic Injury: concurrently filed verified notice of Non-Profit Organizations withexemption in Progressive Rail Inc.— out Credit Available Elsewhere ..................................... 2.500 Continuance in Control Exemption— Chicago Junction Railway, Docket No. FD 36194, in which PGR seeks to The number assigned to this disaster continue in control of CJR upon CJR’s for physical damage is 15522D and for becoming a Class III rail carrier. economic injury is 155230. As required by 49 CFR 1150.33(h), (Catalog of Federal Domestic Assistance CJR has disclosed in its verified notice Number 59008) that the lease agreement between CJR and UP contains an interchange James Rivera, commitment with respect to the lease Associate Administrator for Disaster payments by CJR to UP and that the Assistance. agreement affects an interchange point [FR Doc. 2018–10658 Filed 5–17–18; 8:45 am] with the Soo Line Railroad Company, BILLING CODE 8025–01–P d/b/a Canadian Pacific Railway, at Elk Grove Village.1 CJR has provided additional information regarding the 1 On May 9, 2018, CJR supplemented its verified notice of exemption to clarify the interchange point. VerDate Sep<11>2014 16:38 May 17, 2018 Jkt 244001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 interchange commitment as required by section 1150.33(h). CJR certifies that its projected annual revenues as a result of this transaction will not exceed those that would result in the creation of a Class II or Class I rail carrier and further certifies that its projected annual revenues will not exceed $5 million. Under 49 CFR 1150.32(b), a change in operator requires that notice be given to shippers. CJR certifies that notice of the change in operator was served on the shippers on the Lines. The earliest this transaction may be consummated is June 1, 2018, the effective date of the exemption. 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 25, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36193, 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 Audrey L. Brodrick, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606– 2832. According to CJR, this action is exempt from environmental reporting requirements under 49 CFR 1105.6(c). Board decisions and notices are available on our website at WWW.STB.GOV. Decided: May 15, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–10665 Filed 5–17–18; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36188] Wilmington Terminal Railroad, Limited Partnership—Temporary Trackage Rights Exemption—CSX Transportation, Inc. Pursuant to a written trackage rights agreement (Agreement) dated May 2, 2018,1 CSX Transportation, Inc. (CSXT), 1 A redacted version of the fully executed Agreement was filed with the notice. A confidential, unredacted version of the Agreement also was submitted under seal to be kept confidential by the Board under 49 CFR 1104.14(a). E:\FR\FM\18MYN1.SGM 18MYN1 daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices has agreed to grant temporary overhead trackage rights to Wilmington Terminal Railroad, Limited Partnership (WTRY), over CSXT’s line between the Port of Wilmington in Wilmington, NC, at CSXT milepost ACB 249.74 and the switch at CSXT milepost ACB 243.96, and between the switch at CSXT milepost ACB 243.96 and the switch at CSXT’s Davis Yard in Navassa, NC, at CSXT milepost SE 359.79, a distance of approximately 10.0 miles. WTRY states that it intends to commence operations under the trackage rights agreement on or after the effective date of this notice. The transaction may be consummated on or after June 3, 2018, the effective date of the exemption (30 days after the verified notice of exemption was filed). The purpose of the trackage rights is to allow WTRY to bridge loaded and empty trains containing containers or trailers in intermodal service in connection with CSXT’s ‘‘Queen City Express’’ service. Pursuant to the trackage rights agreement, the temporary trackage rights will expire twelve months after the effective date of the exemption, unless terminated earlier. As a condition to this exemption, any employees affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights—Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980), and any employees affected by the discontinuance of those trackage rights will be protected by the conditions set out in Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). 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. Petitions for stay must be filed no later than May 25, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36188, 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 Eric M. Hocky, Clark Hill, PLC, One Commerce Square, 2005 VerDate Sep<11>2014 16:38 May 17, 2018 Jkt 244001 Market Street, Suite 1000, Philadelphia, PA 19103. Board decisions and notices are available on our website at WWW.STB.GOV. Decided: May 14, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Brendetta Jones, Clearance Clerk. [FR Doc. 2018–10591 Filed 5–17–18; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36194] Progressive Rail Incorporated— Continuance in Control Exemption— Chicago Junction Railway Company, LLC Progressive Rail Incorporated (PGR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Chicago Junction Railway Company, LLC (CJR), upon CJR’s becoming a Class III rail carrier. This transaction is related to a concurrently filed verified notice of exemption in Chicago Junction Railway—Change in Operators Exemption Including Interchange Commitment—Chicago Terminal Railroad, Docket No. FD 36193. In that proceeding, CJR seeks an exemption under 49 CFR 1150.31 to assume operations over approximately 25 miles of rail line owned by Union Pacific Railroad Company in the Centex Industrial Park and 11,500 feet of track in the adjacent Elk Grove Yard in Elk Grove Village, Ill. The earliest this transaction may be consummated is June 1, 2018, the effective date of the exemption (30 days after the verified notice was filed). PGR states that it intends to consummate the transaction on June 1, 2018. According to PGR, it owns or operates rail lines in Minnesota, Wisconsin, and Illinois. PGR states that it also controls five Class III railroads that operate in Minnesota, Missouri, Iowa, and North Carolina: Airlake Terminal Railway Company, LLC; Central Midland Railway Company; Iowa Traction Railway Company; Iowa Southern Railway Company; and Piedmont & Northern Railroad LLC. PGR further states it already owns and controls CJR, currently a noncarrier. PGR proposes to continue in control of CJR and its existing rail carrier subsidiaries once CJR acquires the authority to lease the rail line in Elk Grove Village and becomes a Class III carrier. PO 00000 Frm 00074 Fmt 4703 Sfmt 9990 23325 PGR represents that: (1) The rail line to be operated by CJR does not connect with any other railroads in the PGR corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect this line with any other railroad in the PGR corporate family; and (3) the transaction does not involve a Class I rail carrier. Therefore, the 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 sections 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. Petitions for stay must be filed no later than May 25, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36194, 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 Audrey L. Brodrick, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606– 2832. According to the Parties, 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: May 15, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–10666 Filed 5–17–18; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\18MYN1.SGM 18MYN1

Agencies

[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Pages 23324-23325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10591]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36188]


Wilmington Terminal Railroad, Limited Partnership--Temporary 
Trackage Rights Exemption--CSX Transportation, Inc.

    Pursuant to a written trackage rights agreement (Agreement) dated 
May 2, 2018,\1\ CSX Transportation, Inc. (CSXT),

[[Page 23325]]

has agreed to grant temporary overhead trackage rights to Wilmington 
Terminal Railroad, Limited Partnership (WTRY), over CSXT's line between 
the Port of Wilmington in Wilmington, NC, at CSXT milepost ACB 249.74 
and the switch at CSXT milepost ACB 243.96, and between the switch at 
CSXT milepost ACB 243.96 and the switch at CSXT's Davis Yard in 
Navassa, NC, at CSXT milepost SE 359.79, a distance of approximately 
10.0 miles.
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    \1\ A redacted version of the fully executed Agreement was filed 
with the notice. A confidential, unredacted version of the Agreement 
also was submitted under seal to be kept confidential by the Board 
under 49 CFR 1104.14(a).
---------------------------------------------------------------------------

    WTRY states that it intends to commence operations under the 
trackage rights agreement on or after the effective date of this 
notice. The transaction may be consummated on or after June 3, 2018, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed). The purpose of the trackage rights is to allow 
WTRY to bridge loaded and empty trains containing containers or 
trailers in intermodal service in connection with CSXT's ``Queen City 
Express'' service. Pursuant to the trackage rights agreement, the 
temporary trackage rights will expire twelve months after the effective 
date of the exemption, unless terminated earlier.
    As a condition to this exemption, any employees affected by the 
acquisition of the temporary trackage rights will be protected by the 
conditions imposed in Norfolk & Western Railway--Trackage Rights--
Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in 
Mendocino Coast Railway--Lease & Operate--California Western Railroad, 
360 I.C.C. 653 (1980), and any employees affected by the discontinuance 
of those trackage rights will be protected by the conditions set out in 
Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between 
Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 
(1979).
    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. Petitions for 
stay must be filed no later than May 25, 2018 (at least seven days 
before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36188, 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 Eric M. Hocky, Clark Hill, PLC, One Commerce 
Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103.
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: May 14, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2018-10591 Filed 5-17-18; 8:45 am]
 BILLING CODE 4915-01-P