Eyal Shapira-Continuance in Control Exemption-Iowa & Middletown Railway LLC and Wolf Creek Railroad LLC, 55926 [2018-24427]

Download as PDF 55926 Federal Register / Vol. 83, No. 217 / Thursday, November 8, 2018 / Notices members are retired Ambassador Linda Thomas-Greenfield, retired Ambassador Joan Plaisted, Ms. Carol Gallo, and Mr. John DeSalvio. They bring to their deliberations distinguished backgrounds in government service. The Board will submit its conclusions and recommendations to Secretary Pompeo within 60 days of its first meeting, unless the Chair determines a need for additional time. Within the timeframes required by statute following receipt of the report, the Department will report to Congress on recommendations made by the Board and action taken with respect to those recommendations. Anyone with information relevant to the Board’s examination of these incidents should contact the Board promptly at (202) 647–6427 or send a fax to the Board at (202) 647–5792. Dated: October 30, 2018. William E. Todd, Deputy under Secretary for Management, Department of State. [FR Doc. 2018–24477 Filed 11–7–18; 8:45 am] BILLING CODE 4710–10–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36232] daltland on DSKBBV9HB2PROD with NOTICES Eyal Shapira—Continuance in Control Exemption—Iowa & Middletown Railway LLC and Wolf Creek Railroad LLC Eyal Shapira (Shapira), an individual, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Iowa & Middletown Railway LLC (I&M) and Wolf Creek Railroad LLC (Wolf Creek) upon I&M’s and Wolf Creek’s becoming Class III rail carriers. This transaction is related to a verified notice of exemption filed concurrently in Wolf Creek Railroad— Lease & Operation Exemption— American Ordnance LLC, Owner’s Representative for U.S. Army Joint Munitions Command, Docket No. FD 36236, in which Wolf Creek seeks authority to lease from American Ordinance LLC (AO) and operate approximately ten miles of rail line in Tennessee, and a verified notice of exemption filed on October 12, 2018, in Iowa & Middletown Railway—Lease & Operation Exemption—American Ordnance LLC, Owner’s Representative for US. Army Joint Munitions Command, Docket No. FD 36231, in which I&M seeks authority to lease from AO and operate approximately four miles of rail line in Iowa. VerDate Sep<11>2014 16:51 Nov 07, 2018 Jkt 247001 Market Street, Suite 1000, Philadelphia, PA 19103. According to Shapira, 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. The earliest this transaction may be consummated is November 22, 2018, the effective date of the exemption (30 days after the verified notice of exemption was filed).1 According to the verified notice of exemption, Shapira currently controls, through equity ownership, two Class III carriers (Pennsylvania & Southern Railway (PSRR) and Raritan Central Railway, LLC (Raritan Central)). Shapira is filing this verified notice to enable his continuance in control of I&M and Wolf Creek when they become carriers. Shapira represents that: (1) The rail lines to be operated by I&M and Wolf Creek do not connect with each other or with the other railroads currently controlled by Shapira; (2) the continuance in control is not part of a series of anticipated transactions that would connect I&M and Wolf Creek with each other or the rail lines of the other railroads currently controlled by Shapira; and (3) the transaction does not involve a Class I carrier. The proposed transaction is therefore exempt from the prior approval requirements of 49 U.S.C. 11323 pursuant to 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 the carriers involved are Class III carriers. 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 November 15, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36232, 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 Eric M. Hocky, Clark Hill PLC, One Commerce Square, 2005 Wolf Creek Railroad LLC (Wolf Creek), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from American Ordnance LLC (AO), as owner’s representative for the U.S. Army Joint Munitions Command (JMC), and to operate, approximately ten miles of track (the Line) 1 within the Milan Army Ammunition Plant (Plant).2 According to Wolf Creek, there are no mileposts assigned to the Line. The Line is located in Gibson County, Tenn., on a portion of the Plant that JMC no longer needs and that will be repurposed as a business park. Wolf Creek states that, upon consummation of the transaction and the commencement of operations, Wolf Creek will be a Class III carrier. Wolf Creek states that it is leasing the Line in order to provide common carrier rail service to transload customers and other rail customers that may locate in the planned business park. Wolf Creek states it that will originate and terminate freight traffic and conduct loading and unloading operations and that it will also offer rail car storage and car repair services within the Plant. According to Wolf Creek, the Line connects with CSX Transportation, Inc. (CSXT), and West Tennessee Railroad (WTNN) at Milan, Tenn., and Wolf Creek will seek to 1 Although notice of I&M’s lease and operation exemption in Docket No. FD 36231 was served and published in the Federal Register on October 26, 2018, the effective date was held in abeyance pending review of Shapira’s verified notice here. Concurrently with this notice, a decision is being issued in Docket No. FD 36231 making I&M’s exemption effective, unless stayed, on November 22, 2018, consistent with this one. 1 Wolf Creek states that the lease also includes other tracks that will be operated by Wolf Creek as yard and industrial tracks for which no Board authority is required. 2 The Plant is owned by JMC. According to Wolf Creek, AO and JMC are parties to an Operations and Maintenance Agreement that permits AO to grant rights to use certain property within the Plant, including the railroad tracks. PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 Decided: November 2, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–24427 Filed 11–7–18; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36236] Wolf Creek Railroad LLC—Lease and Operation Exemption—American Ordnance LLC, Owner’s Representative for U.S. Army Joint Munitions Command E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 83, Number 217 (Thursday, November 8, 2018)]
[Notices]
[Page 55926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24427]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36232]


Eyal Shapira--Continuance in Control Exemption--Iowa & Middletown 
Railway LLC and Wolf Creek Railroad LLC

    Eyal Shapira (Shapira), an individual, has filed a verified notice 
of exemption under 49 CFR 1180.2(d)(2) to continue in control of Iowa & 
Middletown Railway LLC (I&M) and Wolf Creek Railroad LLC (Wolf Creek) 
upon I&M's and Wolf Creek's becoming Class III rail carriers.
    This transaction is related to a verified notice of exemption filed 
concurrently in Wolf Creek Railroad--Lease & Operation Exemption--
American Ordnance LLC, Owner's Representative for U.S. Army Joint 
Munitions Command, Docket No. FD 36236, in which Wolf Creek seeks 
authority to lease from American Ordinance LLC (AO) and operate 
approximately ten miles of rail line in Tennessee, and a verified 
notice of exemption filed on October 12, 2018, in Iowa & Middletown 
Railway--Lease & Operation Exemption--American Ordnance LLC, Owner's 
Representative for US. Army Joint Munitions Command, Docket No. FD 
36231, in which I&M seeks authority to lease from AO and operate 
approximately four miles of rail line in Iowa.
    The earliest this transaction may be consummated is November 22, 
2018, the effective date of the exemption (30 days after the verified 
notice of exemption was filed).\1\
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    \1\ Although notice of I&M's lease and operation exemption in 
Docket No. FD 36231 was served and published in the Federal Register 
on October 26, 2018, the effective date was held in abeyance pending 
review of Shapira's verified notice here. Concurrently with this 
notice, a decision is being issued in Docket No. FD 36231 making 
I&M's exemption effective, unless stayed, on November 22, 2018, 
consistent with this one.
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    According to the verified notice of exemption, Shapira currently 
controls, through equity ownership, two Class III carriers 
(Pennsylvania & Southern Railway (PSRR) and Raritan Central Railway, 
LLC (Raritan Central)). Shapira is filing this verified notice to 
enable his continuance in control of I&M and Wolf Creek when they 
become carriers.
    Shapira represents that: (1) The rail lines to be operated by I&M 
and Wolf Creek do not connect with each other or with the other 
railroads currently controlled by Shapira; (2) the continuance in 
control is not part of a series of anticipated transactions that would 
connect I&M and Wolf Creek with each other or the rail lines of the 
other railroads currently controlled by Shapira; and (3) the 
transaction does not involve a Class I carrier. The proposed 
transaction is therefore exempt from the prior approval requirements of 
49 U.S.C. 11323 pursuant to 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 the 
carriers involved are Class III carriers.
    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 November 15, 
2018 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36232, 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 Eric M. Hocky, Clark Hill PLC, One Commerce 
Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103.
    According to Shapira, 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 2, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-24427 Filed 11-7-18; 8:45 am]
 BILLING CODE 4915-01-P