Lake State Railway Company-Lease Exemption With Interchange Commitment-Line of CSX Transportation, Inc., 8559 [2019-04287]

Download as PDF Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Notices STATE JUSTICE INSTITUTE SJI Board of Directors Meeting, Notice State Justice Institute. Notice of meeting. AGENCY: ACTION: The SJI Board of Directors will be meeting on Monday, April 1, 2019 at 1:00 p.m. The meeting will be held at the National Center for State Courts Headquarters in Williamsburg, Virginia. The purpose of this meeting is to consider grant applications for the 2nd quarter of FY 2019, and other business. All portions of this meeting are open to the public. ADDRESSES: National Center for State Courts Headquarters, 300 Newport Drive, Williamsburg, Virginia, 23185. FOR FURTHER INFORMATION CONTACT: Jonathan Mattiello, Executive Director, State Justice Institute, 11951 Freedom Drive, Suite 1020, Reston, VA 20190, 571–313–8843, contact@sji.gov. SUMMARY: Jonathan D. Mattiello, Executive Director. [FR Doc. 2019–04267 Filed 3–7–19; 8:45 am] BILLING CODE P SURFACE TRANSPORTATION BOARD [Docket No. FD 36262] Lake State Railway Company—Lease Exemption With Interchange Commitment—Line of CSX Transportation, Inc. Lake State Railway Company (LSRC), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease a line of railroad owned by CSXT Transportation, Inc. (CSXT), located in the State of Michigan (the Line). The Line, which LSRC refers to as the Plymouth Line, extends from milepost CC 25.98 at Mount Morris, Mich., to approximately milepost CC 78.9 at Middle River (Plymouth), Mich., a distance of approximately 52.92 miles. In the verified notice, LSRC states that LSRC and CSXT will execute a Land and Rail Improvements Lease Agreement and a related Amended and Restated Freight Operating Agreement providing for LSRC’s lease and operation of the Line. According to LSRC, CSXT will retain overhead trackage rights on the portion of the Line extending between McGrew Yard at or near milepost CC 29 and the connection with Grand Trunk Western Railroad Company (GTW) at or near milepost CC 33.1 Additionally, LSRC 1 According to LSRC, CSXT will utilize its overhead trackage rights in connection with its VerDate Sep<11>2014 16:24 Mar 07, 2019 Jkt 247001 states that it will provide haulage service for CSXT between Flint and Plymouth, and that CSXT will separately retain contingent overhead trackage rights on the Line between Flint and Middle River that can be exercised by CSXT in the future, upon the occurrence of certain events, in lieu of LSRC haulage service. LSRC 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 it states that its annual revenues exceed $5 million. Accordingly, LSRC 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, post a copy of the notice at the workplace of the employees on the affected lines, and 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). LSRC filed its certification on January 28, 2019.2 LSRC has disclosed in its verified notice that its lease agreement with CSXT contains an interchange commitment that assesses LSRC an additional per carload rental fee for traffic that originates or terminates on the Line and is not interchanged with CSXT.3 LSRC has provided additional information regarding the interchange commitment as required by 49 CFR 1150.43(h). The transaction may be consummated on or after March 29, 2019.4 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 March 22, 2019 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD existing trackage rights over GTW’s rail line between Flint, Mich., and Port Huron, Mich. See CSX Transp.—Trackage Rights Exemption—Grand Trunk W. R.R., FD 31386 (ICC served Mar. 31, 1989). 2 LSRC states that it electronically submitted its certification to the Board on January 11, 2019. However, because of the partial shutdown of the Federal government, the certification is considered filed on January 28, 2019. See Filings Submitted or Due to Be Submitted During the Partial Fed. Gov’t Shutdown, EP 751 (STB served Jan. 28, 2019). 3 LSRC filed under seal copies of the parties’ agreements with its verified notice of exemption. See 49 CFR 1150.43(h)(1). 4 Although 49 CFR 1150.42(b) provides that the exemption will be effective 30 days after the verified notice is filed, the transaction may not be consummated until 60 days after LSRC certified its compliance with 49 CFR 1150.42(e). PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 8559 36262, 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 LSRC’s representative, Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606. According to LSRC, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: March 5, 2019. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–04287 Filed 3–7–19; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in Utah Utah Department of Transportation (UDOT), Federal Highway Administration (FHWA), Department of Transportation. ACTION: Notice of limitation on claims for judicial review of actions taken by UDOT on behalf of FHWA. AGENCY: This notice announces certain actions taken by UDOT that are final Federal agency actions. These actions relate to a proposed highway project on Interstate 15 (I–15) at and in the vicinity of the Payson Main Street Interchange (exit 250) in the County of Utah, State of Utah. Those actions grant licenses, permits and/or approvals for the project. DATES: By this notice, the FHWA, on behalf of UDOT, is advising the public of final Federal agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before August 5, 2019. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Naomi Kisen, Environmental Program Manager, UDOT Environmental Services, PO Box 143600, Salt Lake City, UT 84114; telephone: (801) 965–4005; email: nkisen@utah.gov. UDOT’s normal business hours are 8:00 a.m. to 5:00 p.m. (Mountain Standard Time), Monday SUMMARY: E:\FR\FM\08MRN1.SGM 08MRN1

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[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Notices]
[Page 8559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04287]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36262]


Lake State Railway Company--Lease Exemption With Interchange 
Commitment--Line of CSX Transportation, Inc.

    Lake State Railway Company (LSRC), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to lease a 
line of railroad owned by CSXT Transportation, Inc. (CSXT), located in 
the State of Michigan (the Line). The Line, which LSRC refers to as the 
Plymouth Line, extends from milepost CC 25.98 at Mount Morris, Mich., 
to approximately milepost CC 78.9 at Middle River (Plymouth), Mich., a 
distance of approximately 52.92 miles.
    In the verified notice, LSRC states that LSRC and CSXT will execute 
a Land and Rail Improvements Lease Agreement and a related Amended and 
Restated Freight Operating Agreement providing for LSRC's lease and 
operation of the Line. According to LSRC, CSXT will retain overhead 
trackage rights on the portion of the Line extending between McGrew 
Yard at or near milepost CC 29 and the connection with Grand Trunk 
Western Railroad Company (GTW) at or near milepost CC 33.\1\ 
Additionally, LSRC states that it will provide haulage service for CSXT 
between Flint and Plymouth, and that CSXT will separately retain 
contingent overhead trackage rights on the Line between Flint and 
Middle River that can be exercised by CSXT in the future, upon the 
occurrence of certain events, in lieu of LSRC haulage service.
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    \1\ According to LSRC, CSXT will utilize its overhead trackage 
rights in connection with its existing trackage rights over GTW's 
rail line between Flint, Mich., and Port Huron, Mich. See CSX 
Transp.--Trackage Rights Exemption--Grand Trunk W. R.R., FD 31386 
(ICC served Mar. 31, 1989).
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    LSRC 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 it states that its annual revenues exceed $5 million. 
Accordingly, LSRC 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, post a copy of the notice at the 
workplace of the employees on the affected lines, and 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). LSRC filed its certification on 
January 28, 2019.\2\
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    \2\ LSRC states that it electronically submitted its 
certification to the Board on January 11, 2019. However, because of 
the partial shutdown of the Federal government, the certification is 
considered filed on January 28, 2019. See Filings Submitted or Due 
to Be Submitted During the Partial Fed. Gov't Shutdown, EP 751 (STB 
served Jan. 28, 2019).
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    LSRC has disclosed in its verified notice that its lease agreement 
with CSXT contains an interchange commitment that assesses LSRC an 
additional per carload rental fee for traffic that originates or 
terminates on the Line and is not interchanged with CSXT.\3\ LSRC has 
provided additional information regarding the interchange commitment as 
required by 49 CFR 1150.43(h).
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    \3\ LSRC filed under seal copies of the parties' agreements with 
its verified notice of exemption. See 49 CFR 1150.43(h)(1).
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    The transaction may be consummated on or after March 29, 2019.\4\
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    \4\ Although 49 CFR 1150.42(b) provides that the exemption will 
be effective 30 days after the verified notice is filed, the 
transaction may not be consummated until 60 days after LSRC 
certified its compliance with 49 CFR 1150.42(e).
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    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 March 22, 2019 
(at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36262, 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 LSRC's representative, Thomas J. Litwiler, 
Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 
60606.
    According to LSRC, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: March 5, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-04287 Filed 3-7-19; 8:45 am]
 BILLING CODE 4915-01-P