Wolf Creek Railroad LLC-Lease and Operation Exemption-American Ordnance LLC, Owner's Representative for U.S. Army Joint Munitions Command, 55926-55927 [2018-24428]

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 Federal Register / Vol. 83, No. 217 / Thursday, November 8, 2018 / Notices establish interchange with both CSXT and WTNN. This transaction is related to a concurrently filed verified notice of exemption in Eyal Shapira— Continuance in Control Exemption— Iowa & Middletown Railway, Docket No. FD 36232, in which Eyal Shapira seeks Board approval to continue in control of Wolf Creek upon Wolf Creek’s becoming a Class III rail carrier.3 Wolf Creek certifies that its projected annual revenues as a result of this transaction will not exceed $5 million or result in the creation of a Class II or Class I rail carrier. Wolf Creek also certifies that the lease does not impose or include an interchange commitment. The earliest this transaction may be consummated is November 22, 2018, the effective date of the exemption (30 days after the verified notice was filed). Wolf Creek states that it expects to commence common carrier operations on January 1, 2019. 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 to stay must be filed by 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 36236, 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 Wolf Creek, this action is exempt from environmental review under 49 CFR 1105.6(c) and exempt from historic review under 49 CFR 1105.8(b). Board decisions and notices are available on our website at www.stb.gov. daltland on DSKBBV9HB2PROD with NOTICES Decided: November 2, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–24428 Filed 11–7–18; 8:45 am] BILLING CODE 4915–01–P 3 The verified notice of exemption in Docket No. FD 36232 also relates to a verified notice of exemption in Iowa & Middletown Railway—Lease & Operation Exemption—American Ordinance LLC, Owner’s Representative for U.S. Army Joint Munitions Command, Docket No. FD 36231. VerDate Sep<11>2014 16:51 Nov 07, 2018 Jkt 247001 SURFACE TRANSPORTATION BOARD [Docket No. FD 36231] Iowa and Middletown Railway LLC— Lease and Operation Exemption— American Ordinance LLC, Owner’s Representative for U.S. Army Joint Munitions Command On October 12, 2018, Iowa & Middletown Railway LLC (I&M), a noncarrier, 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 operate, approximately four miles of track (the Line) 1 within the Iowa Army Ammunition Plant (Plant).2 The Line is located in Des Moines County, Iowa, on a portion of the Plant that JMC no longer needs and will be repurposed as a business park. Notice of I&M’s lease and operation exemption was served and published on October 26, 2018 (83 FR 54162), but the effective date of the exemption was held in abeyance pending review of a related verified notice of exemption filed on October 23, 2018, in Eyal Shapira— Continuance in Control Exemption— Iowa & Middletown Railway, Docket No. FD 36232. In that proceeding, Eyal Shapira, President of I&M, seeks to continue in control of I&M and Wolf Creek Railroad LLC 3 upon both entities becoming carriers. Notice of the continuance-in-control exemption in Docket No. FD 36232 will be served and published in the Federal Register on November 8, 2018, and that exemption will become effective on November 22, 2018. Therefore, I&M’s exemption in Docket No. 36231 likewise will become effective on November 22, 2018. Petitions for stay will be due by November 15, 2018. It is ordered: 1. I&M’s exemption will become effective on November 22, 2018. Petitions for stay of the exemption are due by November 15, 2018. 2. This decision is effective on its date of service. Decided: November 2, 2018. 1 I&M states that the lease also includes a number of other tracks that will be operated by I&M as yard and industrial tracks for which no Board authority is required. 2 The Plant is owned by JMC. According to I&M, 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. 3 See Wolf Creek R.R.—Lease & Operation Exemption—American Ordnance LLC, FD 23236 (STB served Nov. 8, 2018). PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 55927 By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–24426 Filed 11–7–18; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent of Waiver With Respect to Land; Capital Region International Airport, Lansing, Michigan Federal Aviation Administration (FAA), DOT. ACTION: Notice. AGENCY: The FAA is considering a proposal to change approximately 1.24 acres of airport land from aeronautical use to non-aeronautical use and to authorize the lease of airport property located at Capital Region International Airport, Lansing, Michigan. The aforementioned land is not needed for aeronautical use. The subject property is located at 2824 East Circle Drive, Lansing, Michigan. This property is on the southeast side of the street, south of the Capital Region International Airport’s terminal. This property was the location of the former Federal Aviation Administration Automated Flight Service Station. The FAA departed the facility in 2012. The property is currently identified as aeronautical use, however, there is no airside access from the property. The Michigan State Police will purchase the building and lease the land for the Michigan State Police Canine Special Operations Unit. DATES: Comments must be received on or before December 10, 2018. ADDRESSES: Documents are available for review by appointment at the FAA Detroit Airports District Office, Katherine Delaney, Community Planner, 11677 South Wayne Road, Suite 107, Romulus, Michigan 48174, Telephone: (734) 229–2900, Fax: (734) 229–2950 and Capital Region Airport Authority, Capital Region International Airport, Jonathon Vrabel, Senior Vice-President, 4100 Capital City Boulevard, Lansing, Michigan, Telephone: (517) 321–6121. Written comments on the Sponsor’s request must be delivered or mailed to: Katherine Delaney, Community Planner, Federal Aviation Administration, Detroit Airports District Office, 11677 South Wayne Road, Suite 107, Romulus, Michigan 48174, Telephone Number: (734) 229–2900, Fax Number: (734) 229– 2950. SUMMARY: E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 83, Number 217 (Thursday, November 8, 2018)]
[Notices]
[Pages 55926-55927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24428]


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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

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

[[Page 55927]]

establish interchange with both CSXT and WTNN.
    This transaction is related to a concurrently filed verified notice 
of exemption in Eyal Shapira--Continuance in Control Exemption--Iowa & 
Middletown Railway, Docket No. FD 36232, in which Eyal Shapira seeks 
Board approval to continue in control of Wolf Creek upon Wolf Creek's 
becoming a Class III rail carrier.\3\
---------------------------------------------------------------------------

    \3\ The verified notice of exemption in Docket No. FD 36232 also 
relates to a verified notice of exemption in Iowa & Middletown 
Railway--Lease & Operation Exemption--American Ordinance LLC, 
Owner's Representative for U.S. Army Joint Munitions Command, Docket 
No. FD 36231.
---------------------------------------------------------------------------

    Wolf Creek certifies that its projected annual revenues as a result 
of this transaction will not exceed $5 million or result in the 
creation of a Class II or Class I rail carrier. Wolf Creek also 
certifies that the lease does not impose or include an interchange 
commitment.
    The earliest this transaction may be consummated is November 22, 
2018, the effective date of the exemption (30 days after the verified 
notice was filed). Wolf Creek states that it expects to commence common 
carrier operations on January 1, 2019.
    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 to stay must be filed by 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 36236, 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 Wolf Creek, this action is exempt from environmental 
review under 49 CFR 1105.6(c) and exempt from historic review under 49 
CFR 1105.8(b).
    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. 2018-24428 Filed 11-7-18; 8:45 am]
 BILLING CODE 4915-01-P