Carolina Coastal Railway, Inc.-Acquisition Exemption-Line of Clinton Industrial Switching District, Inc., d/b/a Clinton Terminal Railroad Company, 45266 [2023-14982]

Download as PDF 45266 Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices carrier’s practices. This information collection regarding fuel cost, consumption, and surcharge revenues permits the Board to monitor the current fuel surcharge practices of the Class I carriers. Failure to collect this information would impede the Board’s ability to fulfill its statutory responsibilities. The Board has authority to collect information about rail costs and revenues under 49 U.S.C. 11144 and 11145. Under the PRA, a federal agency that conducts or sponsors a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Section 3507(b) of the PRA requires, concurrent with an agency’s submitting a collection to OMB for approval, a 30-day notice and comment period through publication in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information. Dated: July 10, 2023. Kenyatta Clay, Clearance Clerk. [FR Doc. 2023–14940 Filed 7–13–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36712] lotter on DSK11XQN23PROD with NOTICES1 Carolina Coastal Railway, Inc.— Acquisition Exemption—Line of Clinton Industrial Switching District, Inc., d/b/a Clinton Terminal Railroad Company Carolina Coastal Railway, Inc. (CLNA), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire approximately 3.53 miles of rail line between milepost 199.0 in Moltonville, NC, and the end of the track at milepost 202.53 in Clinton, NC (the Line), from Clinton Industrial Switching District, Inc., d/b/a Clinton Terminal Railroad Company (CTR), also a Class III rail carrier. The verified notice states that CLNA will acquire the Line from CTR pursuant to an Asset Purchase Agreement entered into on June 28, 2023.1 CLNA intends to 1 A redacted version of the agreement was filed with the verified notice of exemption. An unredacted version was filed concurrently under seal, along with a motion for protective order pursuant to 49 CFR 1104.14(b). That motion will be addressed in a separate decision. VerDate Sep<11>2014 17:54 Jul 13, 2023 Jkt 259001 operate the Line as a CLNA division, under a separate trade name and reporting marks. CLNA represents that: (1) the Line does not connect with the existing rail lines of CLNA or the lines of any rail carrier in the CLNA corporate family; (2) the 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. 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). 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. However, 49 U.S.C. 11326(c) does not provide for labor protection for transactions under 49 U.S.C. 11324 and 11325 that involve only Class III rail carriers. Because this transaction involves Class III rail carriers only, the Board, under the statute, may not impose labor protective conditions for this transaction. The transaction may be consummated on or after July 30, 2023, 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 July 21, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36712, must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, one copy of each pleading must be served on CLNA’s representative, Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606– 3208. According to CLNA, 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. PO 00000 Decided: July 11, 2023. Frm 00139 Fmt 4703 Sfmt 4703 By the Board, Mai T. Dinh, Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2023–14982 Filed 7–13–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD 30-Day Notice of Intent To Seek Extension of Approval: Petitions for Declaratory Orders and Petitions for Relief Not Otherwise Specified Notice and request for comments. ACTION: AGENCY: Surface Transportation Board. SUMMARY: As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for extensions of the collections regarding petitions for declaratory orders and petitions for relief not otherwise specified, as described below. DATES: Comments on these information collections should be submitted by August 14, 2023. ADDRESSES: Written comments should be identified as ‘‘Paperwork Reduction Act Comments, Surface Transportation Board, Petitions for Declaratory Orders and Petitions for Relief Not Otherwise Specified.’’ Written comments for the proposed information collection should be submitted via www.reginfo.gov/ public/do/PRAMain. This information collection can be accessed by selecting ‘‘Currently under Review—Open for Public Comments’’ or by using the search function. As an alternative, written comments may be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Michael J. McManus, Surface Transportation Board Desk Officer: via email at oira_submission@ omb.eop.gov; by fax at (202) 395–1743; or by mail to Room 10235, 725 17th Street NW, Washington, DC 20503. Please also direct all comments to Chris Oehrle, PRA Officer, Surface Transportation Board, 395 E Street, SW, Washington, DC 20423–0001, or to PRA@stb.gov. When submitting comments, please refer to ‘‘Paperwork Reduction Act Comments, Petitions for Declaratory Orders and Petitions for Relief Not Otherwise Specified.’’ For further information regarding this collection, contact Michael Higgins, Deputy Director, Office of Public Assistance, Governmental Affairs, and Compliance (OPAGAC), at (866) 254– 1792 (toll-free) or 202–245–0238, or by E:\FR\FM\14JYN1.SGM 14JYN1

Agencies

[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Page 45266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14982]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36712]


Carolina Coastal Railway, Inc.--Acquisition Exemption--Line of 
Clinton Industrial Switching District, Inc., d/b/a Clinton Terminal 
Railroad Company

    Carolina Coastal Railway, Inc. (CLNA), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to 
acquire approximately 3.53 miles of rail line between milepost 199.0 in 
Moltonville, NC, and the end of the track at milepost 202.53 in 
Clinton, NC (the Line), from Clinton Industrial Switching District, 
Inc., d/b/a Clinton Terminal Railroad Company (CTR), also a Class III 
rail carrier.
    The verified notice states that CLNA will acquire the Line from CTR 
pursuant to an Asset Purchase Agreement entered into on June 28, 
2023.\1\ CLNA intends to operate the Line as a CLNA division, under a 
separate trade name and reporting marks.
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    \1\ A redacted version of the agreement was filed with the 
verified notice of exemption. An unredacted version was filed 
concurrently under seal, along with a motion for protective order 
pursuant to 49 CFR 1104.14(b). That motion will be addressed in a 
separate decision.
---------------------------------------------------------------------------

    CLNA represents that: (1) the Line does not connect with the 
existing rail lines of CLNA or the lines of any rail carrier in the 
CLNA corporate family; (2) the 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. 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). 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. However, 49 U.S.C. 11326(c) does not 
provide for labor protection for transactions under 49 U.S.C. 11324 and 
11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    The transaction may be consummated on or after July 30, 2023, 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 July 21, 2023 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36712, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, one copy of each pleading must be served on 
CLNA's representative, Thomas J. Litwiler, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to CLNA, 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: July 11, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2023-14982 Filed 7-13-23; 8:45 am]
BILLING CODE 4915-01-P
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