Chicago St. Paul & Pacific Railroad LLC-Change in Operators Exemption-Chicago Terminal Railroad, 42038-42039 [2019-17650]

Download as PDF 42038 Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Notices the Immigration and Nationality Act (INA) (8 U.S.C. 1401–1504), the 14th Amendment to the Constitution of the United States, other applicable treaties and laws, and implementing regulations at 22 CFR parts 50 and 51. The specific regulations pertaining to the Application for a U.S. Passport are at 22 CFR 51.20 through 51.28. Methodology The information collected on the DS– 11 is used to facilitate the issuance of passports to U.S. citizens and nationals. The primary purpose of soliciting the information is to establish citizenship, identity, and entitlement to the issuance of a U.S. passport, and to properly administer and enforce the laws pertaining to the issuance thereof. Passport Services collects information from U.S. citizens and non-citizen nationals when they complete and submit the Application for a U.S. Passport. Passport applicants can either download the DS–11 from the internet or obtain one from an Acceptance Facility/Passport Agency. The form must be completed and executed at an acceptance facility or passport agency, and submitted with evidence of citizenship and identity. Barry J. Conway, Acting Deputy Assistant Secretary for Passport Services, Bureau of Consular Affairs, Department of State. [FR Doc. 2019–17617 Filed 8–15–19; 8:45 am] BILLING CODE 4710–06–P SURFACE TRANSPORTATION BOARD [Docket No. 36335] khammond on DSKBBV9HB2PROD with NOTICES Progressive Rail Incorporated— Continuance in Control Exemption— Chicago St. Paul & Pacific Railroad LLC Progressive Rail Incorporated (PGR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Chicago St. Paul & Pacific Railroad LLC (CSP), a noncarrier subsidiary of PGR, upon CSP’s becoming a Class III rail carrier. CSP has concurrently filed a verified notice of exemption in Chicago St. Paul & Pacific Railroad—Change in Operators Exemption—Chicago Terminal Railroad, Docket No. FD 36327. In that docket, CSP seeks to acquire a leasehold and operating interest in a 3.47-mile line of railroad (the Line) near Bensenville, Ill., owned by Soo Line Railroad Company and currently operated by Chicago Terminal Railroad. PGR notes that CSP is a new VerDate Sep<11>2014 16:10 Aug 15, 2019 Jkt 247001 entity established by PGR to operate the Line. The earliest this transaction may be consummated is August 31, 2019, the effective date of the exemption (30 days after the verified notice was filed). PGR states that it intends to consummate the transaction concurrently with CSP’s commencement of operations, pursuant to Docket No. FD 36327, on or about September 1, 2019. PGR will continue in control of CSP upon CSP’s becoming a Class III rail carrier, while remaining in control of nine other Class III carriers: Airlake Terminal Railway Company, LLC; Central Midland Railway Company; Iowa Traction Railway Company; Iowa Southern Railway Company; Piedmont & Northern Railroad, LLC; Chicago Junction Railway Company; St. Paul & Pacific Railroad Company, LLC; Clackamas Valley Railway Company, LLC; and St. Paul & Pacific Northwest Railroad Company, LLC. PGR verifies that: (1) The Line does not connect with the lines of PGR or the lines of any of the other nine Class III rail carriers controlled by PGR; (2) this continuance in control transaction is not part of a series of anticipated transactions that would result in such a connection; and (3) the transaction does not involve a Class I rail carrier. Therefore, the 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 all the carriers involved are Class III carriers. 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 August 23, 2019 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36335, must be filed with the Surface Transportation Board either via e-filing or in writing addressed to 395 E Street SW, Washington, DC 20423. In addition, a copy of each pleading must be served on PGR’s representative, Bradon J. Smith, Fletcher & Sippel LLC, PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 29 North Wacker Drive, Suite 800, Chicago, IL 60606. According to PGR, this action is excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b)(1). Board decisions and notices are available at www.stb.gov. Decided: August 13, 2019. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–17657 Filed 8–15–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36327] Chicago St. Paul & Pacific Railroad LLC—Change in Operators Exemption—Chicago Terminal Railroad Chicago St. Paul & Pacific Railroad LLC (CSP) has filed a verified notice of exemption under 49 CFR 1150.31 to assume operations over approximately 3.47 miles of track (the Line) owned by Soo Line Railroad Company (Soo Line) and currently operated by Chicago Terminal Railroad (CTM) in Bensenville, Ill. The verified notice states that CSP will operate and provide all rail common carrier service to shippers on the Line pursuant to a lease agreement between its parent, Progressive Rail Incorporated (PGR), and Soo Line. According to CSP, it will replace CTM as the Line’s operator, and, upon consummation of the transaction, CTM will cease to serve as a common carrier on the Line. CSP states that it understands, based on information from Soo Line, that CTM does not object to the proposed change in operators. This transaction is related to a concurrently filed verified notice of exemption in Progressive Rail Incorporated—Continuance in Control Exemption—Chicago St. Paul & Pacific Railroad, Docket No. FD 36335, in which PGR seeks to continue in control of CSP upon CSP’s becoming a Class III rail carrier. CSP states that its proposed lease and operation of the Line does not involve any provision or agreement that would limit future interchange with a thirdparty connecting carrier and certifies that its projected revenues as a result of this proposed transaction will not result in the creation of a Class II or Class I rail carrier. On July 1, 2019, PGR filed the certification of notice to employees E:\FR\FM\16AUN1.SGM 16AUN1 Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Notices required under 49 CFR 1150.42(e) for new carriers whose projected annual revenue exceeds $5 million. Further, under 49 CFR 1150.32(b), a change in operators exemption requires that notice be given to shippers. CSP states that it has provided notice of the proposed change in operators to all shippers on the Line. The earliest this transaction may be consummated is August 31, 2019, the effective date of the exemption (30 days after the verified notice was filed). CSP states that it intends to consummate the proposed lease transaction and assume operation of the Line on September 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 for stay must be filed no later than August 23, 2019 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36327, must be filed with the Surface Transportation Board either via e-filing or in writing addressed to 395 E Street SW, Washington, DC 20423. In addition, a copy of each pleading must be served on CSP’s representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606. According to CSP, this action is excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b)(1). Board decisions and notices are available at www.stb.gov. Decided: August 13, 2019. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–17650 Filed 8–15–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD khammond on DSKBBV9HB2PROD with NOTICES [Docket No. FD 36340] Watco Holdings, Inc.—Continuance in Control Exemption—Wisconsin Rapids Railroad, L.L.C. Watco Holdings, Inc. (Watco), a noncarrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Wisconsin Rapids Railroad, L.L.C. (WRR), a noncarrier VerDate Sep<11>2014 16:10 Aug 15, 2019 Jkt 247001 controlled by Watco, upon WRR’s becoming a Class III rail carrier. This transaction is related to a verified notice of exemption filed concurrently in Wisconsin Rapids Railroad—Lease & Operation Exemption—Line of Wisconsin Central Ltd., Docket No. FD 36339, in which WRR seeks to lease from Wisconsin Central Ltd. (WCL) and operate approximately 1.1 miles of rail line extending from milepost 0.4 at Plover Road to milepost 1.5 at Biron Drive in Biron, Wis. The transaction may be consummated on or after September 1, 2019, the effective date of the exemption (30 days after the verified notice of exemption was filed). According to the verified notice of exemption, Watco currently controls indirectly 37 Class III railroads 1 and one Class II railroad, collectively operating in 27 states.2 For a complete list of these rail carriers and the states in which they operate, see the August 2, 2019 verified notice of exemption at page 8. The verified notice is available at www.stb.gov. Watco represents that: (1) The rail line to be operated by WRR does not connect with any of the rail lines operated by railroads in the Watco corporate family; (2) this transaction is not part of a series of anticipated transactions that would connect WRR with any railroad in the Watco corporate family; and (3) the transaction does not involve a Class I rail 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). Watco states that the transaction will allow it to exercise common control of its existing rail carrier subsidiaries and WRR and that, in turn, the control exemption will 1 Watco states that Geaux Geaux Railroad is a trade name for Bogalusa Bayou Railroad, L.L.C.; however, it is unclear whether that is the case. Geaux Geaux Railroad may be an additional, distinct carrier. See Watco Notice of Exemption, 8– 9, Watco Holdings, Inc.—Continuance in Control Exemption—Savannah & Old Fort R.R., FD 36337 (listing ‘‘Geaux Geaux River’’ as an additional Watco carrier); see also Watco, https:// www.watcocompanies.com/services/rail/geauxgeaux-railroad-gogr/ and https:// www.watcocompanies.com/services/rail/bogalusabayou-railroad-bbay/ (separately listing Geaux Geaux Railroad and Bogalusa Bayou Railroad as apparently distinct carriers). Moreover, Watco’s exemption to continue in control of an additional entity, Savannah & Old Fort Railroad, on its becoming a Class III railroad is scheduled to become effective on August 29, 2019. See Watco Holdings, Inc.—Continuance in Control Exemption—Savannah & Old Fort R.R., FD 36337 (STB served Aug. 15, 2019). 2 Although Watco’s verified notice indicates that the carriers it controls operate in 25 states, the notice lists 27 different states. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 42039 allow WRR to proceed with the lease and operation of the Line as contemplated in Docket No. FD 36339. 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. Because the transaction involves the control of one Class II and one or more Class III rail carriers, the transaction is subject to the labor protection requirements of 49 U.S.C. 11326(b) and Wisconsin Central Ltd.— Acquisition Exemption—Lines of Union Pacific Railroad, 2 S.T.B. 218 (1997). 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 August 23, 2019 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36340, must be filed with the Surface Transportation Board either via e-filing or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Watco’s representative, Audrey L. Brodrick, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606– 3208. According to Watco, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: August 13, 2019. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–17664 Filed 8–15–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36339] Wisconsin Rapids Railroad, L.L.C.— Lease and Operation Exemption—Line of Wisconsin Central Ltd. Wisconsin Rapids Railroad, L.L.C. (WRR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from Wisconsin Central Ltd. (WCL) and operate approximately 1.1 miles of rail line (the Line), extending from milepost 0.4 at Plover E:\FR\FM\16AUN1.SGM 16AUN1

Agencies

[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Notices]
[Pages 42038-42039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17650]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36327]


Chicago St. Paul & Pacific Railroad LLC--Change in Operators 
Exemption--Chicago Terminal Railroad

    Chicago St. Paul & Pacific Railroad LLC (CSP) has filed a verified 
notice of exemption under 49 CFR 1150.31 to assume operations over 
approximately 3.47 miles of track (the Line) owned by Soo Line Railroad 
Company (Soo Line) and currently operated by Chicago Terminal Railroad 
(CTM) in Bensenville, Ill. The verified notice states that CSP will 
operate and provide all rail common carrier service to shippers on the 
Line pursuant to a lease agreement between its parent, Progressive Rail 
Incorporated (PGR), and Soo Line. According to CSP, it will replace CTM 
as the Line's operator, and, upon consummation of the transaction, CTM 
will cease to serve as a common carrier on the Line. CSP states that it 
understands, based on information from Soo Line, that CTM does not 
object to the proposed change in operators.
    This transaction is related to a concurrently filed verified notice 
of exemption in Progressive Rail Incorporated--Continuance in Control 
Exemption--Chicago St. Paul & Pacific Railroad, Docket No. FD 36335, in 
which PGR seeks to continue in control of CSP upon CSP's becoming a 
Class III rail carrier.
    CSP states that its proposed lease and operation of the Line does 
not involve any provision or agreement that would limit future 
interchange with a third-party connecting carrier and certifies that 
its projected revenues as a result of this proposed transaction will 
not result in the creation of a Class II or Class I rail carrier. On 
July 1, 2019, PGR filed the certification of notice to employees

[[Page 42039]]

required under 49 CFR 1150.42(e) for new carriers whose projected 
annual revenue exceeds $5 million. Further, under 49 CFR 1150.32(b), a 
change in operators exemption requires that notice be given to 
shippers. CSP states that it has provided notice of the proposed change 
in operators to all shippers on the Line.
    The earliest this transaction may be consummated is August 31, 
2019, the effective date of the exemption (30 days after the verified 
notice was filed). CSP states that it intends to consummate the 
proposed lease transaction and assume operation of the Line on 
September 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 for stay must be filed no later than August 23, 
2019 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36327, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423. In addition, a copy 
of each pleading must be served on CSP's representative, Bradon J. 
Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, 
Chicago, IL 60606.
    According to CSP, this action is excluded from environmental review 
under 49 CFR 1105.6(c) and from historic preservation reporting 
requirements under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 13, 2019.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-17650 Filed 8-15-19; 8:45 am]
 BILLING CODE 4915-01-P
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