80_FR_42301 80 FR 42165 - Tunnel Hill Partners, LP-Acquisition of Control Exemption-Hainesport Industrial Railroad, LLC

80 FR 42165 - Tunnel Hill Partners, LP-Acquisition of Control Exemption-Hainesport Industrial Railroad, LLC

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 136 (July 16, 2015)

Page Range42165-42165
FR Document2015-17562

Federal Register, Volume 80 Issue 136 (Thursday, July 16, 2015) 
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Page 42165]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17562]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35942]


Tunnel Hill Partners, LP--Acquisition of Control Exemption--
Hainesport Industrial Railroad, LLC

    Tunnel Hill Partners, LP (Tunnel), a noncarrier, and two Class III 
carriers (Hainesport Industrial Railroad, LLC (HIRR) and New Amsterdam 
& Seneca Railroad Company (NAS) (collectively, Applicants)) have filed 
a verified notice of exemption under 49 CFR 1180.2(d)(2) for Tunnel, 
which currently owns NAS, to acquire control of HIRR.
    According to Applicants, Tunnel is an integrated waste management 
firm. It currently owns NAS, a carrier with authority to operate a rail 
line in Fostoria, Ohio.\1\ Darryl Caplan and Ronald W. Bridges 
currently own HIRR, a carrier that holds authority to operate 
approximately one mile of track in Hainesport Industrial Park in 
Burlington County, NJ.\2\ Tunnel proposes to acquire from these 
individuals their ownership interest in HIRR to serve a waste transfer 
facility located on that line. Tunnel notes that it may also use NAS to 
serve a waste transfer facility it owns on that line. Tunnel states 
that there are no plans to connect the two railroads.
---------------------------------------------------------------------------

    \1\ See New Amsterdam & Seneca R.R.--Lease & Operation 
Exemption--Line in Fostoria, Ohio, FD 34811 (STB served Jan. 20, 
2006).
    \2\ See Hainesport Indus. R.R.--Acquis. & Operation Exemption--
Hainesport Indus. Park R.R. Ass'n, FD 34695 (STB served May 18, 
2005).
---------------------------------------------------------------------------

    The transaction is expected to be consummated on or after July 30, 
2015, the effective date of the exemption.
    Applicants state that: (i) The carrier to be controlled pursuant to 
this notice of exemption (HIRR) does not connect with Tunnel's existing 
carrier (NAS); (ii) the subject acquisition of control proceeding is 
not part of a series of anticipated transactions that would connect the 
railroads with each other; and (iii) the transaction does not involve a 
Class I 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. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    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 July 23, 2015 
(at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings referring to Docket No. 
FD 35942, 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 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: July 13, 2015.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-17562 Filed 7-15-15; 8:45 am]
BILLING CODE 4915-01-P

Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices 42165 of LNG. Therefore, Delfin LNG is currently owns NAS, a carrier with Connecticut Ave. NW., Suite 717, requesting authorization to construct authority to operate a rail line in Washington, DC 20036. and operate facilities capable of Fostoria, Ohio.1 Darryl Caplan and Board decisions and notices are exporting up to 443.3 Bscf/y of natural Ronald W. Bridges currently own HIRR, available on our Web site at gas in the form of LNG (which equates a carrier that holds authority to operate WWW.STB.DOT.GOV. to approximately 9.2 MMtpa). approximately one mile of track in The proposed Project would take a Hainesport Industrial Park in Burlington Decided: July 13, 2015. modular implementation approach to County, NJ.2 Tunnel proposes to acquire By the Board, Joseph H. Dettmar, Acting allow for early market entry and from these individuals their ownership Director, Office of Proceedings. accommodate market shifts. Offshore interest in HIRR to serve a waste transfer Jeffrey Herzig, construction activities are proposed to facility located on that line. Tunnel Clearance Clerk. begin first quarter (Q1) of 2018 and notes that it may also use NAS to serve [FR Doc. 2015–17562 Filed 7–15–15; 8:45 am] would be completed in four stages. Each a waste transfer facility it owns on that BILLING CODE 4915–01–P stage corresponds to the commissioning line. Tunnel states that there are no and operation of an FLNGV. The plans to connect the two railroads. anticipated commissioning of FLNGV 1 The transaction is expected to be DEPARTMENT OF TRANSPORTATION is Q3 of 2019 with start-up of consummated on or after July 30, 2015, commercial operation of FLNGV 1 by the effective date of the exemption. Surface Transportation Board the end of 2019. It is anticipated that Applicants state that: (i) The carrier to FLNGVs 2 through 4 would be be controlled pursuant to this notice of [Docket No. AB 1128X] commissioned 12 months apart. The exemption (HIRR) does not connect Delfin Terminal would be completed with Tunnel’s existing carrier (NAS); (ii) Energy Solutions, LLC, d.b.a. Heritage and all four FLNGVs would be fully the subject acquisition of control Railroad Corporation—Abandonment operational by the summer of 2022. proceeding is not part of a series of Exemption—in Anderson and Roane anticipated transactions that would Counties, Tenn. Privacy Act connect the railroads with each other; The electronic form of all comments and (iii) the transaction does not involve On April 3, 2015, as supplemented on received into the Federal Docket a Class I carrier. Therefore, the June 26, 2015, Energy Solutions, LLC Management System can be searched by transaction is exempt from the prior (ES), d.b.a. Heritage Railroad the name of the individual submitting approval requirements of 49 U.S.C. Corporation, filed with the Surface the comment (or signing the comment, 11323. See 49 CFR 1180.2(d)(2). Transportation Board (Board) a petition if submitted on behalf of an association, Under 49 U.S.C. 10502(g), the Board under 49 U.S.C. 10502 for exemption business, labor union, etc.). The DOT may not use its exemption authority to from the provisions of 49 U.S.C. 10903 Privacy Act Statement can be viewed in relieve a rail carrier of its statutory to abandon a line of railroad, known as the Federal Register published on April obligation to protect the interests of its the Blair-Oak Ridge Line, which extends 11, 2000 (Volume 65, Number 70, pages employees. Section 11326(c), however, between a point of connection to 19477–78) or by visiting http:// does not provide for labor protection for Norfolk Southern Railway Company at www.regulations.gov. transactions under sections 11324 and or near Blair, Tenn. (milepost 0.0) and 11325 that involve only Class III rail the end of track at East Tennessee Authority: 33 U.S.C. 1501, et seq.; 49 CFR carriers. Because this transaction 1.93(h). Technology Center at or near Oak Ridge, involves Class III rail carriers only, the Tenn. (milepost 7.0), including Dated: July 13, 2015. Board, under the statute, may not approximately three miles of spur tracks By order of the Maritime Administrator. impose labor protective conditions for in Anderson and Roane Counties, Tenn. T. Mitchell Hudson, Jr., this transaction. (the Line). The Line includes the Secretary, Maritime Administration. If the verified notice contains false or stations of Blair and Oak Ridge and [FR Doc. 2015–17465 Filed 7–15–15; 8:45 am] misleading information, the exemption traverses United States Postal Service is void ab initio. Petitions to revoke the Zip Codes 37830 and 37190. BILLING CODE 4910–81–P exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of According to ES, it owns the Line’s a petition to revoke will not track materials, and the United States DEPARTMENT OF TRANSPORTATION Department of Energy (DOE) owns the automatically stay the effectiveness of the exemption. Petitions to stay must be real estate underlying the Line. ES states Surface Transportation Board filed no later than July 23, 2015 (at least that it operates over the Line pursuant [Docket No. FD 35942] seven days before the exemption to an easement for right-of-way granted becomes effective). by DOE to Heritage Railroad Tunnel Hill Partners, LP—Acquisition Corporation, Inc. (HRC) in 2002, which An original and 10 copies of all of Control Exemption—Hainesport was assigned by HRC to ES in 2009.1 ES pleadings referring to Docket No. FD Industrial Railroad, LLC proposes to abandon the Line (thus 35942, must be filed with the Surface Tunnel Hill Partners, LP (Tunnel), a Transportation Board, 395 E Street SW., ending its obligation to provide noncarrier, and two Class III carriers Washington, DC 20423–0001. In common carrier service to shippers on (Hainesport Industrial Railroad, LLC addition, a copy of each pleading must the Line upon reasonable request) but (HIRR) and New Amsterdam & Seneca be served on John D. Heffner, continue to provide contract carriage over it outside the Board’s jurisdiction. tkelley on DSK3SPTVN1PROD with NOTICES Railroad Company (NAS) (collectively, Strasburger & Price, LLP, 1025 Applicants)) have filed a verified notice ES asserts that all the shippers on the of exemption under 49 CFR 1180.2(d)(2) 1 See New Amsterdam & Seneca R.R.—Lease & for Tunnel, which currently owns NAS, Operation Exemption—Line in Fostoria, Ohio, FD 1 See Heritage R.R.—Lease & Operation 34811 (STB served Jan. 20, 2006). Exemption—Rail Line of U.S. Dep’t of Energy, FD to acquire control of HIRR. 2 See Hainesport Indus. R.R.—Acquis. & 34372 (STB served July 23, 2003); Energy According to Applicants, Tunnel is an Operation Exemption—Hainesport Indus. Park R.R. Solutions—Acquis. & Operation Exemption— integrated waste management firm. It Ass’n, FD 34695 (STB served May 18, 2005). Heritage R.R., FD 35288 (STB served Sept. 3, 2009). VerDate Sep<11>2014 17:39 Jul 15, 2015 Jkt 235001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\16JYN1.SGM 16JYN1


Document Created: 2015-12-15 13:13:46
Document Modified: 2015-12-15 13:13:46
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 42165 
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR