80_FR_29487 80 FR 29389 - LEWPAC, LLC-Lease and Operation Exemption-Mount Vernon Terminal Railway LLC

80 FR 29389 - LEWPAC, LLC-Lease and Operation Exemption-Mount Vernon Terminal Railway LLC

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 98 (May 21, 2015)

Page Range29389-29390
FR Document2015-12368

Federal Register, Volume 80 Issue 98 (Thursday, May 21, 2015)
[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Notices]
[Pages 29389-29390]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12368]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35917]


LEWPAC, LLC--Lease and Operation Exemption--Mount Vernon Terminal 
Railway LLC

    LEWPAC, LLC (LP), a noncarrier, has filed a verified notice of 
exemption under 49 CFR 1150.31 to lease from Mount Vernon Terminal 
Railway LLC (MVTR), and to operate, a 0.47-mile line of railroad 
between milepost 1.172 and milepost 1.642 in Skagit County, Wash.
    LP certifies that the projected annual revenues as a result of this 
transaction will not result in LP's becoming a Class I or Class II rail 
carrier and will not exceed $5 million. LP states that there are no 
agreements applicable to the line imposing any interchange commitments. 
LP also states that the line connects with the BNSF Railway Company's 
Bellingham Subdivision at milepost 70 in Mount Vernon, Wash.
    The proposed transaction may be consummated on or after June 4, 
2015, the effective date of this exemption (30 days after the verified 
notice was filed).\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 to stay must be filed by May 
28, 2015 (at least seven days prior to the date the exemption becomes 
effective).
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    \1\ LP initially filed its verified notice of exemption on May 
5, 2015. On May 6 and May 13, 2015, it submitted filings correcting 
the milepost descriptions in the cover sheet to Exhibit A and in the 
text of the verified notice, respectively.

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[[Page 29390]]

    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35917, 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 applicant's representative, John D. Heffner, 
Strasburger & Price, LLP, 1025 Connecticut Ave. NW., Suite 717, 
Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: May 18, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2015-12368 Filed 5-20-15; 8:45 am]
BILLING CODE 4915-01-P



                                                                             Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices                                                             29389

                                                 S.P. No.                  Applicant                               Regulation(s)                                    Nature of special permit thereof

                                              16390–N ......    J.R. Helicopters LLC, Yak-           49 CFR 172.101 Hazardous Mate-                   To authorize the transportation in commerce of certain
                                                                  ima, WA.                             rials  Table     Column    (9B),                 hazardous materials by 14 CFR part 133 Rotorcraft Ex-
                                                                                                       172.200,           172.204(c)(3),                ternal Load Operations transporting hazardous materials
                                                                                                       172.301(c),         173.27(b)(2),                attached to or suspended from an aircraft, in remote
                                                                                                       175.30(a)(1), 175.75.                            areas of the U.S. only, without being subject to hazard
                                                                                                                                                        communication requirements, quantity limitations and
                                                                                                                                                        certain loading and stowage requirements. (mode 4)
                                              16377–N ......    BASF Corporation, Florham            49       CFR               173.315(a)(1),        To authorize the transportation in commerce of certain
                                                                 Park, NJ.                             173.315(a)(2).                                   non-DOT specification spherical pressure vessels con-
                                                                                                                                                        taining boron trifluoride. (modes 1, 2, 3)

                                                                                                      EMERGENCY SPECIAL PERMIT GRANTED

                                              16343–N ......    Digital Wave Corporation,            49 CFR 180.205(g) .........................      To extend the service life of certain permitted cylinders by
                                                                  Centennial, CO.                                                                       certifying them by an alternative retest. (modes 1, 2, 3,
                                                                                                                                                        4, 5)
                                              16375–N ......    Kalitta Charters, LLC, Ypsi-         49      CFR             175.700(b)(2)(ii),       To authorize the carriage of radioactive materials aboard
                                                                  lanti, MI.                           175.702(b).                                      cargo aircraft when the combined transport index ex-
                                                                                                                                                        ceeds the authorized limit of 200 per aircraft or the sep-
                                                                                                                                                        aration distance criteria of § 175.702(6) cannot be met.
                                                                                                                                                        (mode 4)
                                              16437–N ......    U.S. Department of Justice,          49 CFR 173.56(b), and 172.320 ....               An emergency special permit to authorize the one-way
                                                                  Bureau of Alcohol, To-                                                                transportation in commerce of unapproved fireworks for
                                                                  bacco, Firearms and Ex-                                                               use in a research testing project. (mode 1)
                                                                  plosives (ATF), Wash-
                                                                  ington, DC.
                                              16447–N ......    Kalitta Air, LLC, Ypsilanti, MI      49 CFR 172.101 Column (9B),                      To authorize the one-time transportation in commerce of
                                                                                                       172.204(c)(3), 173.27(b)(2) and                  certain explosives that are forbidden for transportation
                                                                                                       (3) and 175.30(a)(1).                            by cargo only aircraft. (mode 4)
                                              16449–N ......    Conoco Phillips Alaska, Inc.,        49 CFR 172.101 Hazardous Mate-                   To authorize the transportation in commerce of nitrogen,
                                                                 Anchorage, AK.                        rials Table Column (9B) and                      refrigerated liquid, in non-DOT specification vacuum in-
                                                                                                       173.315.                                         sulated portable tanks manufactured under a current
                                                                                                                                                        DOT special permit and certain hazardous materials in
                                                                                                                                                        packagings that exceed the quantity limit for cargo car-
                                                                                                                                                        rying aircraft. (mode 4)

                                                                                                            NEW SPECIAL PERMIT WITHDRAWN

                                              16422–N ......    Wisconsin Central Ltd.,              49 CFR 174.85 ...............................    To authorize the positioning of placarded cars without a
                                                                  Homewood, IL.                                                                         buffer car. (mode 2)
                                              16441–N ......    Pace Air Freight, Plainfield,        49 CFR 173.196, 173.199, 178.609                 To authorize the the transportation in commerce of certain
                                                                  IN.                                                                                   Division 6.2 hazardous materials in specialized freezers.
                                                                                                                                                        (mode 1)
                                              16444–N ......    Motorola Solutions UK Lim-           49 CFR 173.185(f) ..........................     To authorize the transportation in commerce of damaged
                                                                 ited, Basingstoke, Hants                                                               lithium ion batteries in alternative packagings. (modes 1,
                                                                 RG22 4PD.                                                                              3)

                                                                                                                              DENIED

                                              16304–N ......     Request by GO Global Enterprizes LLC Phoenix, AZ April 24, 2015. To authorize the manufacture, mark, sale and use of alter-
                                                                                                     native packaging for Ebola contaminated waste.



                                              [FR Doc. 2015–11827 Filed 5–20–15; 8:45 am]             of railroad between milepost 1.172 and                      days after the verified notice was filed).1
                                              BILLING CODE 4909–40–M                                  milepost 1.642 in Skagit County, Wash.                      If the verified notice contains false or
                                                                                                         LP certifies that the projected annual                   misleading information, the exemption
                                                                                                      revenues as a result of this transaction                    is void ab initio. Petitions to revoke the
                                              DEPARTMENT OF TRANSPORTATION                                                                                        exemption under 49 U.S.C. 10502(d)
                                                                                                      will not result in LP’s becoming a Class
                                                                                                      I or Class II rail carrier and will not                     may be filed at any time. The filing of
                                              Surface Transportation Board
                                                                                                      exceed $5 million. LP states that there                     a petition to revoke will not
                                                                                                      are no agreements applicable to the line                    automatically stay the effectiveness of
                                              [Docket No. FD 35917]
                                                                                                      imposing any interchange                                    the exemption. Petitions to stay must be
                                              LEWPAC, LLC—Lease and Operation                         commitments. LP also states that the                        filed by May 28, 2015 (at least seven
                                              Exemption—Mount Vernon Terminal                         line connects with the BNSF Railway                         days prior to the date the exemption
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Railway LLC                                             Company’s Bellingham Subdivision at                         becomes effective).
                                                                                                      milepost 70 in Mount Vernon, Wash.
                                                 LEWPAC, LLC (LP), a noncarrier, has                                                                                1 LP initially filed its verified notice of exemption
                                              filed a verified notice of exemption                       The proposed transaction may be
                                                                                                                                                                  on May 5, 2015. On May 6 and May 13, 2015, it
                                              under 49 CFR 1150.31 to lease from                      consummated on or after June 4, 2015,                       submitted filings correcting the milepost
                                              Mount Vernon Terminal Railway LLC                       the effective date of this exemption (30                    descriptions in the cover sheet to Exhibit A and in
                                              (MVTR), and to operate, a 0.47-mile line                                                                            the text of the verified notice, respectively.



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                                              29390                          Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices

                                                An original and 10 copies of all                      corridor in connection with a multi-                  obtain a copy of the EA (or EIS). EAs in
                                              pleadings, referring to Docket No. FD                   faceted riverfront redevelopment                      abandonment proceedings normally will
                                              35917, must be filed with the Surface                   project.                                              be made available within 60 days of the
                                              Transportation Board, 395 E Street SW.,                    According to RJC, the Line does not                filing of the petition. The deadline for
                                              Washington, DC 20423–0001. In                           contain federally granted rights-of-way.              submission of comments on the EA
                                              addition, a copy of each pleading must                  Any documentation in RJC’s possession                 generally will be within 30 days of its
                                              be served on applicant’s representative,                will be made available promptly to                    service.
                                              John D. Heffner, Strasburger & Price,                   those requesting it.                                     Board decisions and notices are
                                              LLP, 1025 Connecticut Ave. NW., Suite                      The interest of railroad employees                 available on our Web site at
                                              717, Washington, DC 20036.                              will be protected by the conditions set               ‘‘WWW.STB.DOT.GOV.’’
                                                Board decisions and notices are                       forth in Oregon Short Line Railroad—                    Decided: May 15, 2015.
                                              available on our Web site at                            Abandonment Portion Goshen Branch
                                                                                                                                                              By the Board, Rachel D. Campbell,
                                              WWW.STB.DOT.GOV.                                        Between Firth & Ammon, In Bingham &                   Director, Office of Proceedings.
                                                                                                      Bonneville Counties, Idaho, 360 I.C.C.                Brendetta S. Jones,
                                                Decided: May 18, 2015.
                                                                                                      91 (1979).
                                                By the Board, Rachel D. Campbell,                        By issuing this notice, the Board is               Clearance Clerk.
                                              Director, Office of Proceedings.                        instituting an exemption proceeding                   [FR Doc. 2015–12314 Filed 5–20–15; 8:45 am]
                                              Raina S. Contee,                                        pursuant to 49 U.S.C. 10502(b). A final               BILLING CODE 4915–01–P
                                              Clearance Clerk.                                        decision will be issued by August 19,
                                              [FR Doc. 2015–12368 Filed 5–20–15; 8:45 am]             2015.
                                              BILLING CODE 4915–01–P                                     Any OFA under 49 CFR 1152.27(b)(2)                 DEPARTMENT OF TRANSPORTATION
                                                                                                      will be due by August 29, 2015, or 10
                                                                                                                                                            Surface Transportation Board
                                                                                                      days after service of a decision granting
                                              DEPARTMENT OF TRANSPORTATION                            the petition for exemption, whichever                 [Docket No. FD 35915]
                                                                                                      occurs first. Each OFA must be
                                              Surface Transportation Board                            accompanied by a $1,600 filing fee. See               Tri-City Railroad Company—Petition
                                                                                                      49 CFR 1002.2(f)(25).                                 for Declaratory Order
                                              [Docket No. AB 550 (Sub-No. 3X)]
                                                                                                         All interested persons should be                      By petition filed on March 19, 2015,
                                              R.J. Corman Railroad Company/                           aware that, following abandonment, the                Tri-City Railroad Company, LLC (TCRY)
                                              Allentown Lines, Inc.—Abandonment                       Line may be suitable for other public                 seeks a declaratory order concerning
                                              Exemption—in Lehigh County, PA                          use, including interim trail use. Any                 efforts by two Washington State
                                                                                                      request for a public use condition under              communities to bisect TCRY’s tracks
                                                 On April 30, 2015, R.J. Corman                       49 CFR 1152.28 or for trail use/rail                  with a proposed at-grade street crossing.
                                              Railroad Company/Allentown Lines,                       banking under 49 CFR 1152.29 will be                  TCRY, a Class III rail carrier, operates on
                                              Inc. (RJC) filed with the Surface                       due no later than June 10, 2015. Each                 approximately 16 miles of track, which
                                              Transportation Board (Board) a petition                 trail request must be accompanied by a                is owned by the Port of Benton.1 The
                                              under 49 U.S.C. 10502 for exemption                     $300 filing fee. See 49 CFR                           track runs through the City of
                                              from provisions of 49 U.S.C. 10903 to                   1002.2(f)(27).                                        Kennewick and the City of Richland
                                              abandon approximately 3.5 miles of rail                    All filings in response to this notice             (collectively the Cities).2 TCRY asks for
                                              line extending between milepost 93.18                   must refer to Docket No. AB 550 (Sub-                 a finding that 49 U.S.C. 10501(b)
                                              in Allentown, Pa., and milepost 96.709                  No. 3X) and must be sent to: (1) Surface              preempts actions by the Cities to
                                              in or near Whitehall, Pa. (the Line). The               Transportation Board, 395 E Street SW.,               condemn and acquire a right-of-way for
                                              Line traverses United States Postal                     Washington, DC 20423–0001; and (2)                    a proposed at-grade crossing, which
                                              Service Zip Codes 18102 and 18052.                      Audrey L. Brodrick, Fletcher & Sippel                 would bisect TCRY’s main and passing
                                                 According to RJC, there is one                       LLC, 29 North Wacker Drive, Suite 920,                tracks.3 TCRY claims that the proposed
                                              shipper, American Carbonation (AC),                     Chicago, IL 60606–2832. Replies to the                at-grade crossing would unreasonably
                                              which leases property adjacent to the                   petition are due on or before June 10,                interfere with current and planned
                                              right-of-way to conduct a transload                     2015.                                                 railroad operations by rendering
                                              operation. RJC states that AC is aware of                  Persons seeking further information
                                                                                                                                                            portions of the tracks unusable for
                                              RJC’s proposed abandonment and does                     concerning abandonment procedures
                                                                                                                                                            switching and railcar storage
                                              not object. RJC and AC have worked to                   may contact the Board’s Office of Public
                                                                                                                                                            operations.4 Moreover, TCRY asserts
                                              relocate AC’s transloading operation to                 Assistance, Governmental Affairs and
                                                                                                                                                            that the proposed at-grade crossing
                                              a nearby RJC yard track not included                    Compliance at (202) 245–0238 or refer
                                                                                                                                                            would create new hazards for both rail
                                              within the scope of this abandonment.                   to the full abandonment regulations at
                                                                                                                                                            crews and members of the public.5
                                              From the new location, RJC will serve                   49 CFR part 1152. Questions concerning                   TCRY states that the Cities filed two
                                              AC directly at (or before) such time as                 environmental issues may be directed to               petitions with the Washington State
                                              RJC officially terminates operations over               the Board’s Office of Environmental                   Utilities and Transportation
                                              the Line. AC expects to be able to ship                 Analysis (OEA) at (202) 245–0305.                     Commission (UTC) to approve the at-
                                              and receive carload traffic to and from                 Assistance for the hearing impaired is                grade crossing at issue here. TCRY
                                              this new location on or before May 31,                  available through the Federal                         claims that the first petition, filed in
                                              2015.                                                   Information Relay Service at 1–800–                   2006, was denied because the UTC
                                                 After receiving Board authority to                   877–8339.                                             found that the Cities had failed to meet
tkelley on DSK3SPTVN1PROD with NOTICES




                                              abandon the Line, RJC intends to                           An environmental assessment (EA) (or
                                                                                                                                                            their burden to demonstrate that the
                                              salvage the rails, ties, and other track                environmental impact statement (EIS), if
                                              material and then convey its right, title,              necessary) prepared by OEA will be                      1 TCRY     Pet. 4, Mar. 19, 2015.
                                              and interest, if any, in the portion of the             served upon all parties of record and                   2 Id.
                                              subject right-of-way to Trestle                         upon any other agencies or persons who                  3 Id.   at 1–2 and 46–7.
                                              Redevelopment Partners (Trestle).                       comment during its preparation. Other                   4 Id.   at 1.
                                              Trestle plans to use that portion of the                interested persons may contact OEA to                   5 Id.




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Document Created: 2018-10-24 10:25:58
Document Modified: 2018-10-24 10:25:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 29389 

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