RailUSA, LLC and American Rail Partners, LLC-Continuance in Control Exemption-Florida Gulf & Atlantic Railroad, LLC, 65784-65785 [2018-27522]

Download as PDF amozie on DSK3GDR082PROD with NOTICES1 65784 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Notices Baldwin, Fla., at or near CSXT milepost SP 653.3, and Chattahoochee, Fla., at or near CSXT milepost SP 842.5; (2) the P&A Subdivision between Chattahoochee, at or near CSXT milepost 00K810.7, and Pensacola, Fla., at or near CSXT milepost 00K651.0; and (3) portions of the Bainbridge Subdivision between Tallahassee, Fla., at or near CSXT milepost SLC 52.0, and Attapulgus, Ga., at or near CSXT milepost SLC 79.0 (collectively, the ‘‘Lines’’). As part of this transaction, CSXT will retain limited overhead trackage rights only for the movement of certain CSXT freight traffic, in CSXT’s trains, locomotives, cars, and equipment with CSXT’s own crews over the following segments of the Lines: (1) The Tallahassee Subdivision between the connection with CSXT at Baldwin, at or near CSXT milepost SP 653.3 and Chattahoochee, at or near CSXT milepost SP 842.5; and (2) the P&A Subdivision between Chattahoochee, at or near CSXT milepost 00K810.7, and the connection with CSXT at Pensacola, at or near CSXT milepost 00K 651.0. In addition, FGA will acquire trackage rights to operate its trains, locomotives, cars and equipment with its own crews, solely for the purposes of conducting interchange with CSXT, on the following segments of CSXT rail lines: (1) CSXT milepost 00K651.0 to milepost 00K 649.0, near Pensacola; and (2) CSXT milepost SP 653.3 to milepost S 653.0, near Baldwin. This transaction is related to a concurrently filed verified notice of exemption under 49 CFR 1180.2(d)(2) in RailUSA, LLC & American Rail Partners, LLC—Continuance in Control Exemption—Florida Gulf & Atlantic Railroad, LLC, Docket No. FD 36248, in which RailUSA, LLC, and American Rail Partners, LLC, the direct owner and indirect owner of FGA, respectively, seek Board approval to continue in control of FGA upon FGA’s becoming a Class III rail carrier. As required under 49 CFR 1150.33(h)(1), FGA has disclosed in its verified notice that the freight operating agreement between FGA and CSXT 1 contains an interchange commitment that affects the interchange with carriers other than CSXT at the interchange points of Chattahoochee and Cottondale, Fla. In addition, FGA has provided the additional information regarding the 1 FGA filed a confidential version of the freight operating agreement with its notice of exemption to be kept confidential by the Board under 49 CFR 1104.14(a) without need for the filing of an accompanying motion for protective order under 49 CFR 1104.14(b). VerDate Sep<11>2014 00:00 Dec 21, 2018 Jkt 247001 interchange commitment required by section 1150.33(h)(1). FGA certifies that its projected annual revenues do not exceed those that would qualify it as a Class III rail carrier. FGA notes, however, that its annual operating revenues will exceed $5 million. Accordingly, in compliance with 49 CFR 1150.32(e), FGA certified on November 6, 2018, that, on that day, the required 60-day notice of this transaction was posted at the workplaces of CSXT employees on the Lines and served on the national offices of those employees’ unions. The earliest this transaction may be consummated is January 6, 2019, the effective date of the exemption (30 days after the verified notice 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 to stay must be filed no later than December 28, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36247, 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 Peter W. Denton, Steptoe & Johnson LLP, 1330 Connecticut Ave. NW, Washington, DC 20036. According to FGA, this action is excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting under 49 CFR 1105.8(b)(1). Board decisions and notices are available on our website at www.stb.gov. Decided: December 14, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–27524 Filed 12–20–18; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. EP 290 (Sub-No. 5) (2019–1)] Quarterly Rail Cost Adjustment Factor Surface Transportation Board. Approval of rail cost adjustment AGENCY: ACTION: factor. The Board has approved the first quarter 2019 Rail Cost Adjustment Factor (RCAF) and cost index filed by the Association of American Railroads. SUMMARY: PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 The first quarter 2019 RCAF (Unadjusted) is 1.058. The first quarter 2019 RCAF (Adjusted) is 0.448. The first quarter 2019 RCAF–5 is 0.419. DATES: Applicability Date: January 1, 2019. FOR FURTHER INFORMATION CONTACT: Pedro Ramirez, (202) 245–0333. Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877–8339. SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision, which is available on our website at www.stb.gov. Copies of the decision may be purchased by contacting the Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0238. Assistance for the hearing impaired is available through FIRS at (800) 877– 8339. This action is categorically excluded from environmental review under 49 CFR 1105.6(c). By the Board, Board Members Begeman and Miller. Decided: December 17, 2018. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–27750 Filed 12–20–18; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36248] RailUSA, LLC and American Rail Partners, LLC—Continuance in Control Exemption—Florida Gulf & Atlantic Railroad, LLC RailUSA, LLC (RailUSA) and American Rail Partners, LLC (ARP), each a noncarrier, have filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Florida Gulf & Atlantic Railroad, LLC (FGA), upon FGA’s becoming a Class III rail carrier. FGA is a newly formed noncarrier entity that is wholly owned by RailUSA. RailUSA, in turn, is wholly owned by ARP. Thus, RailUSA directly controls FGA, and ARP indirectly controls FGA. This transaction is related to a concurrently filed verified notice of exemption in Florida Gulf & Atlantic Railroad—Acquisition & Operation Exemption With Interchange Commitment—CSX Transportation, Inc., Docket No. FD 36247. In that proceeding, FGA seeks an exemption under 49 CFR 1150.31 to acquire and operate approximately 373 miles of rail line in Florida and Georgia currently owned and operated by CSX Transportation, Inc., consisting of the E:\FR\FM\21DEN1.SGM 21DEN1 amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Notices following: (1) The Tallahassee Subdivision between Baldwin, Fla., at or near CSXT milepost SP 653.3, and Chattahoochee, Fla., at or near CSXT milepost SP 842.5; (2) the P&A Subdivision between Chattahoochee, at or near CSXT milepost 00K810.7, and Pensacola, Fla., at or near CSXT milepost 00K651.0; and (3) portions of the Bainbridge Subdivision between Tallahassee, Fla., at or near CSXT milepost SLC 52.0, and Attapulgus, Ga., at or near CSXT milepost SLC 79.0. The earliest this transaction may be consummated is January 6, 2019, the effective date of the exemption (30 days after the verified notice was filed). RailUSA and ARP currently control one rail carrier, Grenada Railroad, LLC (GRR), a Class III carrier that leases and operates on lines in Mississippi and Tennessee. RailUSA and ARP represent that: (1) The lines to be acquired and operated by FGA do not connect with the GRR lines; (2) the continuance in control is not part of a series of anticipated transactions that would connect any rail line to be operated by FGA with any GRR rail line; and (3) the transaction does not involve a Class I rail carrier. 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 sections 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because only Class III carriers are involved. 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 to stay must be filed no later than December 28, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36248, 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 Peter W. Denton, Steptoe & Johnson LLP, 1330 Connecticut Ave. NW, Washington, DC 20036. Board decisions and notices are available on our website at www.stb.gov. Decided: December 14, 2018. VerDate Sep<11>2014 00:00 Dec 21, 2018 Jkt 247001 By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. 65785 the State of Arizona: SR 303L, SR 30 to I–10. The actions by the Federal agencies and the laws under which such actions were taken, are described in the Draft EA approved on June 12, 2018, [FR Doc. 2018–27522 Filed 12–20–18; 8:45 am] Final EA approved on November 6, BILLING CODE 4915–01–P 2018, in the FHWA Finding of No Significant Impact issued on November DEPARTMENT OF TRANSPORTATION 6, 2018, and in other documents in the FHWA administrative record. Project decision documents are also available Federal Highway Administration online at: https://www.azdot.gov/ Notice of Final Federal Agency Actions planning/transportation-studies/loopon State Route 303 Loop, State Route 303-from-i-10-to-sr-30/documents. This 30 to Interstate 10 (Papago Freeway) in notice applies to all Federal agency Goodyear, AZ decisions as of the issuance date of this notice and all laws under which such AGENCY: Federal Highway Administration (FHWA), Department of actions were taken, including but not limited to: Transportation (DOT). 1. General: National Environmental ACTION: Notice of Limitation on Claims Policy Act (NEPA) [42 U.S.C. 4321– for Judicial Review of Actions by FHWA 4351]; Federal-Aid Highway Act [23 and Other Federal Agencies. U.S.C. 109]. 2. Air: Clean Air Act [42 U.S.C. 7401– SUMMARY: This notice announces actions 7671(q)]. taken by FHWA and other Federal 3. Land: Section 4(f) of the US agencies that are final. The actions relate to the Environmental Assessment Department of Transportation Act of 1966 [49 U.S.C. 303]; Landscaping and (EA) and Finding of No Significant Impact (FONSI) for the State Route (SR) Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 303 Loop (L), SR 30 to Interstate 10 (I– 4. Wildlife: Endangered Species Act 10) project in Goodyear, AZ. The actions [16 U.S.C. 1531–1544 and Section grant licenses, permits, and approvals 1536], Marine Mammal Protection Act for the project. [16 U.S.C. 1361], Fish and Wildlife DATES: By this notice, FHWA is advising Coordination Act [16 U.S.C. 661– the public of final agency actions 667(d)], Migratory Bird Treaty Act [16 subject to 23 U.S.C. 139(l)(1). A claim U.S.C. 703–712]. seeking judicial review of the Federal 5. Historic and Cultural Resources: agency actions on the highway project Section 106 of the National Historic will be barred unless the claim is filed Preservation Act of 1966, as amended on or before May 20, 2019. If the Federal [16 U.S.C. 470(f) et seq.]; Archeological law that authorizes judicial review of a Resources Protection Act of 1977 [16 claim provides a time period of less U.S.C. 470(aa)–11]; Archeological and than 150 days for filing such claim, then Historic Preservation Act [16 U.S.C. that shorter time period still applies. 469–469(c)]; Native American Grave FOR FURTHER INFORMATION CONTACT: Mr. Protection and Repatriation Act Alan Hansen, Team Leader Planning, (NAGPRA) [25 U.S.C. 3001–3013]. Environment, Air Quality, Realty, and 6. Social and Economic: Civil Rights Civil Rights Team, Federal Highway Act of 1964 [42 U.S.C. 2000(d)– Administration, 4000 N Central Avenue, 2000(d)(1)]; American Indian Religious Suite 1500, Phoenix, Arizona 85012– Freedom Act [42 U.S.C. 1996]; Farmland 3500; telephone: (602) 379–3646, fax: Protection Policy Act (FPPA) [7 U.S.C. (602)382–8998, email: Alan.Hansen@ 4201–4209]. dot.gov. The FHWA Arizona Division 7. Wetlands and Water Resources: Office’s normal business hours are 7:30 Land and Water Conservation Fund a.m. to 4 p.m. (Mountain Standard (LWCF) [16 U.S.C. 4601–4604]; Safe Time). Drinking Water Act (SDWA) [42 U.S.C. You may also contact: Ms. Rebecca 300(f)–300(j)(6)]; Rivers and Harbors Act Yedlin, Environmental Coordinator, of 1899 [33 U.S.C. 401–406]; Wild and Federal Highway Administration, 4000 Scenic Rivers Act [16 U.S.C. 1271– N Central Ave., Suite 1500, Phoenix, 1287]; Emergency Wetlands Resources Arizona 85012–3500; telephone: (602) Act [16 U.S.C. 3921, 3931]; Flood 379–3646, fax: (602) 382–8998, email: Disaster Protection Act [42 U.S.C. 4001– Rebecca.Yedlin@dot.gov. 4128]. SUPPLEMENTARY INFORMATION: Notice is 8. Water: Clean Water Act 33 U.S.C. hereby given that FHWA and other 1251–1387. 9. Executive Orders: E.O. 11990 Federal agencies have taken final agency actions by issuing licenses, permits, and Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, approvals for the following project in PO 00000 Frm 00164 Fmt 4703 Sfmt 4703 E:\FR\FM\21DEN1.SGM 21DEN1

Agencies

[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65784-65785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27522]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36248]


RailUSA, LLC and American Rail Partners, LLC--Continuance in 
Control Exemption--Florida Gulf & Atlantic Railroad, LLC

    RailUSA, LLC (RailUSA) and American Rail Partners, LLC (ARP), each 
a noncarrier, have filed a verified notice of exemption pursuant to 49 
CFR 1180.2(d)(2) to continue in control of Florida Gulf & Atlantic 
Railroad, LLC (FGA), upon FGA's becoming a Class III rail carrier. FGA 
is a newly formed noncarrier entity that is wholly owned by RailUSA. 
RailUSA, in turn, is wholly owned by ARP. Thus, RailUSA directly 
controls FGA, and ARP indirectly controls FGA.
    This transaction is related to a concurrently filed verified notice 
of exemption in Florida Gulf & Atlantic Railroad--Acquisition & 
Operation Exemption With Interchange Commitment--CSX Transportation, 
Inc., Docket No. FD 36247. In that proceeding, FGA seeks an exemption 
under 49 CFR 1150.31 to acquire and operate approximately 373 miles of 
rail line in Florida and Georgia currently owned and operated by CSX 
Transportation, Inc., consisting of the

[[Page 65785]]

following: (1) The Tallahassee Subdivision between Baldwin, Fla., at or 
near CSXT milepost SP 653.3, and Chattahoochee, Fla., at or near CSXT 
milepost SP 842.5; (2) the P&A Subdivision between Chattahoochee, at or 
near CSXT milepost 00K810.7, and Pensacola, Fla., at or near CSXT 
milepost 00K651.0; and (3) portions of the Bainbridge Subdivision 
between Tallahassee, Fla., at or near CSXT milepost SLC 52.0, and 
Attapulgus, Ga., at or near CSXT milepost SLC 79.0.
    The earliest this transaction may be consummated is January 6, 
2019, the effective date of the exemption (30 days after the verified 
notice was filed).
    RailUSA and ARP currently control one rail carrier, Grenada 
Railroad, LLC (GRR), a Class III carrier that leases and operates on 
lines in Mississippi and Tennessee. RailUSA and ARP represent that: (1) 
The lines to be acquired and operated by FGA do not connect with the 
GRR lines; (2) the continuance in control is not part of a series of 
anticipated transactions that would connect any rail line to be 
operated by FGA with any GRR rail line; and (3) the transaction does 
not involve a Class I rail carrier. 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 sections 11324 
and 11325 that involve only Class III rail carriers. Accordingly, the 
Board may not impose labor protective conditions here, because only 
Class III carriers are involved.
    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 to stay must be filed no later than December 28, 2018 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36248, 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 Peter W. Denton, Steptoe & Johnson LLP, 1330 
Connecticut Ave. NW, Washington, DC 20036.
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: December 14, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-27522 Filed 12-20-18; 8:45 am]
BILLING CODE 4915-01-P