Progressive Rail Incorporated-Lease Exemption With Interchange Commitment-Soo Line Railroad Company and Dakota, Minnesota & Eastern Railroad Corporation, 66335-66336 [2018-28027]

Download as PDF Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices amozie on DSK3GDR082PROD with NOTICES1 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received,1 this exemption will be effective on January 25, 2019, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 7, 2019. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 15, 2019, with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. A copy of any petition filed with Board should be sent to CSXT’s representative, Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. If the verified notice contains false or misleading information, the exemption is void ab initio. CSXT has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by December 31, 2018. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 1 The Board modified its OFA procedures effective July 29, 2017. Among other things, the OFA process now requires potential offerors, in their formal expression of intent, to make a preliminary financial responsibility showing based on a calculation using information contained in the carrier’s filing and publicly available information. See Offers of Financial Assistance, EP 729 (STB served June 29, 2017); 82 FR 30,997 (July 5, 2017). 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 3 Each OFA must be accompanied by the filing fee, which currently is set at $1,800. See 49 CFR 1002.2(f)(25). VerDate Sep<11>2014 20:07 Dec 21, 2018 Jkt 247001 20423–0001) or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at (800) 877–8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), CSXT shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by CSXT’s filing of a notice of consummation by December 26, 2019, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available at www.stb.gov. Decided: December 18, 2018. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–27685 Filed 12–21–18; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36251] Progressive Rail Incorporated—Lease Exemption With Interchange Commitment—Soo Line Railroad Company and Dakota, Minnesota & Eastern Railroad Corporation Progressive Rail Incorporated (PGR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to (1) renew its lease from Soo Line Railroad Company (Soo Line) of two lines of railroad between Northfield, Minn., and Lakeville, Minn. (Lakeville Line), and between Rosemount, Minn., and Eagan, Minn. (Eagandale Line); and (2) lease from Soo Line and Dakota, Minnesota & Eastern Railroad Corporation (DM&E) 1 a line of railroad between Faribault, Minn., and Northfield, Minn. (Faribault Line). The Lakeville Line extends approximately 21 miles from UP milepost 309.69 at Northfield through UP milepost 313.77 (CP milepost 52.90) to CP milepost 35.25 at Lakeville. The 1 Soo Line and DM&E are affiliated railroads under common control of Canadian Pacific Railway Company (CP). Canadian Pac. Ry.—Control— Dakota, Minn. & E. R.R., FD 35081 (STB served Sept. 30, 2008). PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 66335 Lakeville Line also includes the 0.1-mile segment of track known as the Cannon Falls Branch between CP milepost 0.00 and CP milepost 0.10 at Northfield. The Eagandale Line extends approximately 12 miles from UP milepost 332.05 at Rosemount through UP milepost 333.85 (CP milepost 150.80) to CP milepost 160.70 at Eagan. The Faribault Line extends for approximately nine miles between UP milepost 300.50 2 at Faribault and UP milepost 309.69 at Northfield. According to PGR, DM&E owns the Faribault Line from Comus to Faribault, and Soo Line owns the Faribault Line from Comus to Northfield. PGR states that the Lakeville, Eagandale, and Faribault Lines (collectively, the Lines) total approximately 42 miles. PGR states that it has entered into a new lease agreement with Soo Line and DM&E that renews PGR’s lease of the Lakeville and Eagandale Lines for an additional 15 years and allows PGR to lease and operate the Faribault Line for a term of 15 years. PGR states that it currently operates the Lakeville and Eagandale Lines pursuant to Progressive Rail Inc.—Lease & Operation Exemption—Soo Line Railroad, FD 34496 (STB served May 19, 2004) and the Faribault Line pursuant to Progressive Rail Inc.—Acquisition & Operation Exemption—Rail Lines of Union Pacific Railroad, FD 34476 (STB served Apr. 7, 2004). PGR states that it will continue to operate the Lines under the new lease agreement. According to PGR, the new lease agreement includes an interchange commitment. As required under 49 CFR 1150.43(h)(1), PGR provided additional information regarding the interchange commitment. PGR certifies that its projected revenues resulting from this transaction will not result in the creation of a Class I or Class II rail carrier, but states that its projected annual revenues will exceed $5 million following the transaction. Accordingly, PGR is required by Board regulations to send notice of the transaction to the national offices of the labor unions with employees on the affected lines, to post a copy of the notice at the workplace of the employees on the affected lines, and to certify to the Board that it has done so, at least 60 days before the exemption is to become effective. 49 CFR 1150.42(e). PGR filed its certification on November 15, 2018. Concurrently with its verified notice, however, PGR filed a petition for partial 2 In its notice of exemption, the map at Exhibit A–1 referred to UP milepost 300.35. On December 19, 2018, PGR filed a supplement noting that the map should have referred to UP milepost 300.50. E:\FR\FM\26DEN1.SGM 26DEN1 66336 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices waiver of the 60-day advance labor notice requirement to permit the exemption to take effect on January 9, 2019. PGR’s waiver request will be addressed in a separate decision. PGR states that it expects to consummate the transaction on or shortly after the effective date of this exemption. The Board will establish the effective date in its separate decision on the waiver request. 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 January 2, 2019. An original and 10 copies of all pleadings, referring to Docket No. FD 36251, 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 Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606. Board decisions and notices are available at www.stb.gov. Decided: December 19, 2018. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. Decided: December 17, 2018. By the Board, Board Members Begeman and Miller. Tammy Lowery, Clearance Clerk. [FR Doc. 2018–27799 Filed 12–21–18; 8:45 am] BILLING CODE 4915–01–P SUSQUEHANNA RIVER BASIN COMMISSION [FR Doc. 2018–28027 Filed 12–21–18; 8:45 am] Approvals By Rule Issued Under 18 CFR 806.22(f) 1. Inflection Energy (PA), LLC; Pad ID: Hillegas Well Pad, ABR–201308017.R1; Upper Fairfield Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: October 11, 2018. 2. Inflection Energy (PA), LLC; Pad ID: Bennett Well Pad, ABR–201308015.R1; Eldred Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: October 19, 2018. 3. Cabot Oil & Gas Corporation; Pad ID: PavelskiJ Pad 1, ABR–201810001; Gibson Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: October 19, 2018. 4. Repsol Oil & Gas USA, LLC ; Pad ID: DCNR 594 (02 200), ABR– 201810002; Liberty Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: October 22, 2018. 5. Chief Oil & Gas LLC, Pad ID: HEMLOCK RIDGE ESTATES UNIT PAD; ABR–201810003; McNett Township, Lycoming County, Pa.; Consumptive Use of Up to 2.5000 mgd; Approval Date: October 24, 2018. 6. ARD Operating, LLC; Pad ID: Lycoming H&FC Pad F; ABR– 201309015.R1; Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: October 26, 2018. BILLING CODE 4915–01–P Projects Approved for Consumptive Uses of Water Authority: Pub. L. 91–575, 84 Stat. 1509 et seq., 18 CFR parts 806, 807, and 808. SURFACE TRANSPORTATION BOARD AGENCY: Susquehanna River Basin Commission. Dated: December 19, 2018. Jason E. Oyler, Acting Secretary of the Commission. [Docket No. EP 552 (Sub-No. 22)] ACTION: Railroad Revenue Adequacy—2017 Determination ACTION: On December 21, 2018, the Board served a decision announcing the 2017 revenue adequacy determinations for the Nation’s Class I railroads. Four carriers (BNSF Railway Company, Norfolk Southern Combined Railroad Subsidiaries, Soo Line Corporation, and Union Pacific Railroad Company) were found to be revenue adequate. DATES: This decision is effective on December 21, 2018. FOR FURTHER INFORMATION CONTACT: Pedro Ramirez, (202) 245–0333. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877–8339. SUPPLEMENTARY INFORMATION: The Board is required to make an annual VerDate Sep<11>2014 20:07 Dec 21, 2018 Jkt 247001 [FR Doc. 2018–27928 Filed 12–21–18; 8:45 am] BILLING CODE 7040–01–P Surface Transportation Board. Notice of decision. SUMMARY: Notice. This notice lists the projects approved by rule by the Susquehanna River Basin Commission during the period set forth in DATES. SUMMARY: AGENCY: amozie on DSK3GDR082PROD with NOTICES1 determination of railroad revenue adequacy. A railroad is considered revenue adequate under 49 U.S.C. 10704(a) if it achieves a rate of return on net investment (ROI) equal to at least the current cost of capital for the railroad industry for 2017, determined to be 10.04% in Railroad Cost of Capital—2017, EP 558 (Sub-No. 21) (STB served Dec. 6, 2018). This revenue adequacy standard was applied to each Class I railroad. Four carriers (BNSF Railway Company, Norfolk Southern Combined Railroad Subsidiaries, Soo Line Corporation, and Union Pacific Railroad Company) were found to be revenue adequate for 2017. The decision in this proceeding is posted on the Board’s 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. DATES: October 1–31, 2018. Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110–1788. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel, telephone: (717) 238–0423, ext. 1312; fax: (717) 238–2436; email: joyler@ srbc.net. Regular mail inquiries may be sent to the above address. This notice lists the projects, described below, receiving approval for the consumptive use of water pursuant to the Commission’s approval by rule process set forth in 18 CFR 806.22(e) and § 806.22 (f) for the time period specified above: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 SUSQUEHANNA RIVER BASIN COMMISSION Projects Approved for Consumptive Uses of Water Susquehanna River Basin Commission. ACTION: Notice. AGENCY: This notice lists the projects approved by rule by the Susquehanna River Basin Commission during the period set forth in ‘‘DATES.’’ DATES: November 1–30, 2018. ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110–1788. FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel, telephone: (717) 238–0423, ext. 1312; fax: (717) 238–2436; email: SUMMARY: E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

Surface Transportation Board

[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Notices]
[Pages 66335-66336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28027]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36251]


Progressive Rail Incorporated--Lease Exemption With Interchange 
Commitment--Soo Line Railroad Company and Dakota, Minnesota & Eastern 
Railroad Corporation

    Progressive Rail Incorporated (PGR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to (1) renew 
its lease from Soo Line Railroad Company (Soo Line) of two lines of 
railroad between Northfield, Minn., and Lakeville, Minn. (Lakeville 
Line), and between Rosemount, Minn., and Eagan, Minn. (Eagandale Line); 
and (2) lease from Soo Line and Dakota, Minnesota & Eastern Railroad 
Corporation (DM&E) \1\ a line of railroad between Faribault, Minn., and 
Northfield, Minn. (Faribault Line).
---------------------------------------------------------------------------

    \1\ Soo Line and DM&E are affiliated railroads under common 
control of Canadian Pacific Railway Company (CP). Canadian Pac. 
Ry.--Control--Dakota, Minn. & E. R.R., FD 35081 (STB served Sept. 
30, 2008).
---------------------------------------------------------------------------

    The Lakeville Line extends approximately 21 miles from UP milepost 
309.69 at Northfield through UP milepost 313.77 (CP milepost 52.90) to 
CP milepost 35.25 at Lakeville. The Lakeville Line also includes the 
0.1-mile segment of track known as the Cannon Falls Branch between CP 
milepost 0.00 and CP milepost 0.10 at Northfield. The Eagandale Line 
extends approximately 12 miles from UP milepost 332.05 at Rosemount 
through UP milepost 333.85 (CP milepost 150.80) to CP milepost 160.70 
at Eagan. The Faribault Line extends for approximately nine miles 
between UP milepost 300.50 \2\ at Faribault and UP milepost 309.69 at 
Northfield. According to PGR, DM&E owns the Faribault Line from Comus 
to Faribault, and Soo Line owns the Faribault Line from Comus to 
Northfield. PGR states that the Lakeville, Eagandale, and Faribault 
Lines (collectively, the Lines) total approximately 42 miles.
---------------------------------------------------------------------------

    \2\ In its notice of exemption, the map at Exhibit A-1 referred 
to UP milepost 300.35. On December 19, 2018, PGR filed a supplement 
noting that the map should have referred to UP milepost 300.50.
---------------------------------------------------------------------------

    PGR states that it has entered into a new lease agreement with Soo 
Line and DM&E that renews PGR's lease of the Lakeville and Eagandale 
Lines for an additional 15 years and allows PGR to lease and operate 
the Faribault Line for a term of 15 years.
    PGR states that it currently operates the Lakeville and Eagandale 
Lines pursuant to Progressive Rail Inc.--Lease & Operation Exemption--
Soo Line Railroad, FD 34496 (STB served May 19, 2004) and the Faribault 
Line pursuant to Progressive Rail Inc.--Acquisition & Operation 
Exemption--Rail Lines of Union Pacific Railroad, FD 34476 (STB served 
Apr. 7, 2004). PGR states that it will continue to operate the Lines 
under the new lease agreement.
    According to PGR, the new lease agreement includes an interchange 
commitment. As required under 49 CFR 1150.43(h)(1), PGR provided 
additional information regarding the interchange commitment.
    PGR certifies that its projected revenues resulting from this 
transaction will not result in the creation of a Class I or Class II 
rail carrier, but states that its projected annual revenues will exceed 
$5 million following the transaction. Accordingly, PGR is required by 
Board regulations to send notice of the transaction to the national 
offices of the labor unions with employees on the affected lines, to 
post a copy of the notice at the workplace of the employees on the 
affected lines, and to certify to the Board that it has done so, at 
least 60 days before the exemption is to become effective. 49 CFR 
1150.42(e). PGR filed its certification on November 15, 2018.
    Concurrently with its verified notice, however, PGR filed a 
petition for partial

[[Page 66336]]

waiver of the 60-day advance labor notice requirement to permit the 
exemption to take effect on January 9, 2019. PGR's waiver request will 
be addressed in a separate decision.
    PGR states that it expects to consummate the transaction on or 
shortly after the effective date of this exemption. The Board will 
establish the effective date in its separate decision on the waiver 
request.
    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 January 2, 2019.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36251, 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 Bradon J. Smith, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606.
    Board decisions and notices are available at www.stb.gov.

    Decided: December 19, 2018.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-28027 Filed 12-21-18; 8:45 am]
 BILLING CODE 4915-01-P

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