Alabama Export Railroad, Inc.-Lease and Operation Exemption-Illinois Central Railroad Company, 45820-45821 [2019-18808]

Download as PDF 45820 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Notices Athenee Hotel, 37 E 64th Street, New York, NY 10065. 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. ADDRESSES: Jonathan D. Mattiello, Executive Director. [FR Doc. 2019–18851 Filed 8–29–19; 8:45 am] BILLING CODE P SURFACE TRANSPORTATION BOARD [Docket No. FD 36342] Youngstown & Southeastern Railroad Co.—Acquisition and Operation Exemption—Mule Sidetracks, LLC jspears on DSK3GMQ082PROD with NOTICES Youngstown & Southeastern Railroad Co. (YSRR), a Class III carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from Mule Sidetracks, LLC (MSLLC), and to continue to operate approximately 35.7 miles of rail line between milepost 0.0 in Youngstown, Ohio, and milepost 35.7 in Darlington, Pa. (the Line), together with MSLLC’s rights over three miles of contiguous track segments, including incidental trackage rights, running from east of milepost 0.0 and connecting the Line to interchange with Norfolk Southern Railway Company (NSR) and CSX Transportation, Inc. (CSXT).1 1 YSRR states that these rights are found in the following agreements, under which MSLLC has succeeded to the interests of the Line’s previous owner, Columbiana County Port Authority (CCPA): (1) Overhead Trackage Rights Agreement dated May 7, 2001, between Ohio & Pennsylvania Railroad Company (OHPA) and Central Columbiana & Pennsylvania Railway, Inc. (CQPA), to which CCPA is successor; (2) Letter Agreement regarding yard operations dated November 30, 2011, among OHPA, CQPA, and CCPA; (3) Interchange Agreement dated July 23, 2002, as amended and in effect, among CSXT, OHPA, and CQPA, and Interline Service Agreement, effective date April 1, 2004, between CSXT and CQPA, to which CCPA is successor; (4) Land Lease dated August 8, 2003, between CSXT and CQPA, which was assumed by CCPA, effective January 3, 2006; (5) Interchange Agreement dated May 1, 2001, and Interline Service Agreement, effective date October 5, 2004, between CQPA and NSR, to which CCPA is successor; (6) easements granted by Allied Erecting & Dismantling Company, Inc. (Allied), to The Pittsburgh and Lake Erie Railroad Company (P&LE) by agreements dated June 3, 1992, and November 10, 1993, and easements retained by P&LE in deeds dated June 3, 1992, and November 10, 1993, from P&LE to Allied (collectively, the Allied Easements), which Allied Easements were conveyed by Youngstown and Southern Railway Company to Railroad Ventures, Inc. (RVI), by deed dated November 8, 1996, and by RVI to CCPA by deed dated January 23, 2001, and were included in the rights granted to CQPA by CCPA, including rights over the C.P. Graham Interlocking, and which collective rights were also conferred on CCPA by order of the Bankruptcy Court dated March 28, 2002, in In re: Pittsburgh & Lake Erie Properties, Inc., Case No. 96–406 (MFW), VerDate Sep<11>2014 16:43 Aug 29, 2019 Jkt 247001 YSRR states that it has been operating the Line and connecting track since 2006, first pursuant to a lease with the previous owner, CCPA,2 and subsequently pursuant to an operating agreement with MSLCC 3 since MSLCC acquired the Line and rights in 2013.4 YSSR further states that it is entering into an asset purchase sale agreement with MSLLC in which YSRR will acquire the Line and all of MSLLC’s related rights to the contiguous track segments, and, following closing, YSRR will be both the owner and operator of the Line and contiguous track segments. YSRR certifies that, following this transaction, YSRR’s annual revenues will be less than $5 million annually, and it will remain a Class III carrier. YSRR also certifies that the proposed acquisition does not involve an interchange commitment. This transaction may be consummated on or after September 14, 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 for stay must be filed no later than September 6, 2019 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36342, 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, a copy of each pleading must be served on YSRR’s representatives, Eric M. Hocky, Clark Hill PLC, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, and to which CCPA is successor; and (7) Operating Rights Agreement between Matteson Equipment Company (Matteson) and CQPA, to which CCPA is successor, and Operating Rights Agreement between Eastern States Railroad, LLC, and Matteson dated July 14, 2006, to which CCPA is successor. 2 See Youngstown & Se. Ry.—Lease & Operation Exemption—Lines of E. States R.R., FD 34992 (STB served Dec. 21, 2006). According to YSRR, Eastern States Railroad (ESR) was to have acquired the Line and related rights from CCPA, which had been leasing them to ESR with YSRR as its tenant. See E. States R.R.—Acquis. Exemption—Cent. Columbiana & Pa. Ry., FD 34934 (STB served Dec. 21, 2006). YSRR states, however, that ESR never consummated the acquisition and CCPA remained the owner and directly leased the Line and related rights to YSRR until the sale by CCPA to MSLLC. 3 See Youngstown & Se. Ry.—Operation Exemption—Mule Sidetracks, LLC, FD 35774 (STB served Oct. 29, 2013). 4 See Mule Sidetracks, L.L.C.—Acquis. Exemption—Columbiana Cty. Port Auth., FD 35773 (STB served Oct. 25, 2013). PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 PA 19103, and Sloane S. Carlough, Clark Hill PLC, 1001 Pennsylvania Avenue NW, Suite 1300 South, Washington, DC 20004. According to YSRR, this action is 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: August 27, 2019. By the Board, Allison C. Davis, Director, Office of Proceedings. Regena Smith-Bernard, Clearance Clerk. [FR Doc. 2019–18787 Filed 8–29–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36321] Alabama Export Railroad, Inc.—Lease and Operation Exemption—Illinois Central Railroad Company Alabama Export Railroad, Inc. (ALE), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease and operate approximately 12.1 miles of railroad line in downtown Mobile, Ala., owned by the Illinois Central Railroad Company (IC). The rail line extends between Belt Junction at milepost 6.6 and the State Docks at milepost 0.0 on IC’s Beaumont Subdivision, and between Belt Junction at milepost 6.6 and Frascati Junction at milepost 1.1 on IC’s Frascati Lead (the Line). This transaction is related to a concurrently filed verified notice of exemption in Mississippi Export Railroad—Continuance in Control Exemption—Alabama Export Railroad, Docket No. FD 36320, in which Mississippi Export Railroad Company (MSE) seeks to continue in control of ALE upon ALE’s becoming a Class III rail carrier. ALE states that it and IC are negotiating track lease and switching agreements under which IC, in addition to continuing to own the Line, would also be the Line’s lessor, and ALE would be the lessee and operator. According to ALE, the proposed agreements between ALE and IC do not contain an interchange commitment. ALE certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier and will not exceed $5 million. E:\FR\FM\30AUN1.SGM 30AUN1 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Notices The earliest this transaction may be consummated is September 15, 2019.1 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 September 6, 2019 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36321, 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, a copy of each pleading must be served on ALE’s representatives: Eric M. Hocky, Clark Hill, PLC, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103, and Sloane S. Carlough, Clark Hill PLC, 1001 Pennsylvania Avenue NW, Suite 1300 South, Washington, DC 20004. According to ALE, 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). Board decisions and notices are available at www.stb.gov. Decided: August 27, 2019. By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–18808 Filed 8–29–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36320] Mississippi Export Railroad Company—Continuance in Control Exemption—Alabama Export Railroad, Inc. jspears on DSK3GMQ082PROD with NOTICES Mississippi Export Railroad Company (MSE), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Alabama Export Railroad, Inc. (ALE), 1 The verified notices in Docket Nos. FD 36320 and FD 36321 were initially submitted on August 12, 2019. On August 16, 2019, MSE filed a supplement in Docket No. FD 36320 certifying that MSE and ALE are the only two railroads in the corporate family. In light of that supplement, August 16, 2019, is deemed the filing date of the verified notice for continuance in control in Docket No. FD 36320, and that exemption’s effective date is September 15, 2019. Because this lease and operation exemption requires the concurrent authority for MSE to continue in control of ALE, the effective date of this exemption likewise will be September 15, 2019. VerDate Sep<11>2014 16:43 Aug 29, 2019 Jkt 247001 upon ALE’s becoming a Class III rail carrier. ALE is a newly formed noncarrier entity that is wholly owned by MSE.1 This transaction is related to a concurrently filed verified notice of exemption in Alabama Export Railroad—Lease & Operation Exemption—Illinois Central Railroad, Docket No. FD 36321. In that proceeding, ALE seeks an exemption under 49 CFR 1150.31 to lease and operate approximately 12.1 miles of railroad line in downtown Mobile, Ala., owned by IC. The rail line extends between Belt Junction at milepost 6.6 and the State Docks at milepost 0.0 on IC’s Beaumont Subdivision, and between Belt Junction at milepost 6.6 and Frascati Junction at milepost 1.1 on IC’s Frascati Lead (the Line). The earliest this transaction may be consummated is September 15, 2019, the effective date of the exemption.2 According to MSE, it currently owns and operates a 42-mile short line railroad between Evanston and Pascagoula, Miss. In its verified notice and supplement, MSE represents that: (1) The Line to be operated by ALE does not connect with the lines of MSE, and the railroads would not connect with any railroads in their corporate family; (2) the transaction is not part of a series of anticipated transactions that would connect these railroads with each other or with any railroad in their 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. 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) 1 MSE states that it, in turn, is owned in part (onethird interest) by Illinois Central Railroad Company (IC) and in part (two-thirds interest) by various individual shareholders. 2 The verified notice was initially submitted on August 12, 2019. On August 16, 2019, MSE filed a supplement certifying that MSE and ALE are the only two railroads in the corporate family. In light of that supplement, August 16, 2019, is deemed the filing date of the verified notice. PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 45821 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 September 6, 2019 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36320, 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, a copy of each pleading must be served on MSE’s representative: Eric M. Hocky, Clark Hill, PLC, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103, and Sloane S. Carlough, Clark Hill PLC, 1001 Pennsylvania Avenue NW, Suite 1300 South, Washington, DC 20004. According to MSE, 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). Board decisions and notices are available at www.stb.gov. Decided: August 27, 2019. By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–18807 Filed 8–29–19; 8:45 am] BILLING CODE 4915–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Modification of Section 301 Action: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Office of the United States Trade Representative. ACTION: Notice of modification of action. AGENCY: In accordance with the specific direction of the President, the U.S. Trade Representative has determined to modify the action being taken in this Section 301 investigation by increasing the rate of additional duty from 10 to 15 percent for the products of China covered by the $300 billion tariff action published on August 20, 2019. SUMMARY: For products covered by Annex A of the August 20, 2019 notice (84 FR 43304), the rate of additional duty will be 15 percent on the current effective date of September 1, 2019. For products covered by Annex C of the August 20 notice, the rate of additional duty will be 15 percent on the current effective date of December 15, 2019. DATES: E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Notices]
[Pages 45820-45821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18808]


-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36321]


Alabama Export Railroad, Inc.--Lease and Operation Exemption--
Illinois Central Railroad Company

    Alabama Export Railroad, Inc. (ALE), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease and operate 
approximately 12.1 miles of railroad line in downtown Mobile, Ala., 
owned by the Illinois Central Railroad Company (IC). The rail line 
extends between Belt Junction at milepost 6.6 and the State Docks at 
milepost 0.0 on IC's Beaumont Subdivision, and between Belt Junction at 
milepost 6.6 and Frascati Junction at milepost 1.1 on IC's Frascati 
Lead (the Line).
    This transaction is related to a concurrently filed verified notice 
of exemption in Mississippi Export Railroad--Continuance in Control 
Exemption--Alabama Export Railroad, Docket No. FD 36320, in which 
Mississippi Export Railroad Company (MSE) seeks to continue in control 
of ALE upon ALE's becoming a Class III rail carrier.
    ALE states that it and IC are negotiating track lease and switching 
agreements under which IC, in addition to continuing to own the Line, 
would also be the Line's lessor, and ALE would be the lessee and 
operator.
    According to ALE, the proposed agreements between ALE and IC do not 
contain an interchange commitment.
    ALE certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier and will not exceed $5 million.

[[Page 45821]]

    The earliest this transaction may be consummated is September 15, 
2019.\1\
---------------------------------------------------------------------------

    \1\ The verified notices in Docket Nos. FD 36320 and FD 36321 
were initially submitted on August 12, 2019. On August 16, 2019, MSE 
filed a supplement in Docket No. FD 36320 certifying that MSE and 
ALE are the only two railroads in the corporate family. In light of 
that supplement, August 16, 2019, is deemed the filing date of the 
verified notice for continuance in control in Docket No. FD 36320, 
and that exemption's effective date is September 15, 2019. Because 
this lease and operation exemption requires the concurrent authority 
for MSE to continue in control of ALE, the effective date of this 
exemption likewise will be September 15, 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 September 6, 
2019 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36321, 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, a 
copy of each pleading must be served on ALE's representatives: Eric M. 
Hocky, Clark Hill, PLC, One Commerce Square, 2005 Market Street, Suite 
1000, Philadelphia, PA 19103, and Sloane S. Carlough, Clark Hill PLC, 
1001 Pennsylvania Avenue NW, Suite 1300 South, Washington, DC 20004.
    According to ALE, 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).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 27, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-18808 Filed 8-29-19; 8:45 am]
 BILLING CODE 4915-01-P