81_FR_16309 81 FR 16251 - North Carolina & Atlantic Railroad Co., Inc.-Lease and Operation Exemption-North Carolina Department of Transportation

81 FR 16251 - North Carolina & Atlantic Railroad Co., Inc.-Lease and Operation Exemption-North Carolina Department of Transportation

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 58 (March 25, 2016)

Page Range16251-16252
FR Document2016-06784

Federal Register, Volume 81 Issue 58 (Friday, March 25, 2016)
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Pages 16251-16252]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06784]


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

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36008]


North Carolina & Atlantic Railroad Co., Inc.--Lease and Operation 
Exemption--North Carolina Department of Transportation

    North Carolina & Atlantic Railroad Co., Inc. (NCAR), a noncarrier, 
has filed a verified notice of exemption under 49 CFR 1150.31 to lease 
from the North

[[Page 16252]]

Carolina Department of Transportation (NCDOT), and to operate, 
approximately 5.7 miles of rail line, referred to as the Global 
Transpark rail corridor, between milepost GTP-0.0 (connection to the 
North Carolina Railroad Company track) and milepost GTP-5.7 (at the NC 
Global Transpark) at Kinston, in Lenoir County, N.C., pursuant to an 
executed lease and operating agreement.
    This transaction is related to a concurrently filed verified notice 
of exemption in Gulf & Ohio Railways, Inc.--Continuance in Control 
Exemption--North Carolina & Atlantic Railroad Co., Inc., Docket No. FD 
36009, in which Gulf & Ohio Railways, Inc., H. Peter Claussen and Linda 
C. Claussen seek Board approval to continue in control of NCAR under 49 
CFR 1180.2(d)(2), upon NCAR's becoming a Class III rail carrier.
    NCAR certifies that the projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
II rail carrier and states that its projected annual revenue is 
expected not to exceed $5 million. NCAR states that the agreement 
regarding the subject line does not involve an interchange commitment.
    The transaction may be consummated on April 8, 2016, the effective 
date of the exemption (30 days after the verified notice of exemption 
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 to stay must be filed by April 1, 2016 (at 
least seven days prior to the date the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36008 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, Rose-Michele 
Nardi, Transport Counsel PC, 1701 Pennsylvania Ave. NW., Suite 300, 
Washington, DC 20006.
    According to NCAR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: March 21, 2016.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-06784 Filed 3-24-16; 8:45 am]
 BILLING CODE 4915-01-P



                                                                                    Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices                                                 16251

                                                      • Form Number: DS–4024, DS–4024e                        Dated: March 11, 2016.                              continuance in control is not part of a
                                                      • Respondents: United States Citizens                 Michelle Bernier-Toth,                                series of anticipated transactions that
                                                    and Nationals                                           Managing Director, Bureau of Consular                 would connect the rail lines to be
                                                                                                            Affairs, Overseas Citizen Services,                   operated by NCAR with any other
                                                      • Estimated Number of Respondents:                    Department of State.                                  railroad in Applicants’ corporate family;
                                                    1,010,389
                                                                                                            [FR Doc. 2016–06693 Filed 3–24–16; 8:45 am]           and (3) the transaction does not involve
                                                      • Estimated Number of Responses:                      BILLING CODE 4710–06–P                                a Class I rail carrier. Therefore, the
                                                    1,010,389                                                                                                     transaction is exempt from the prior
                                                      • Average Time per Response: 20                                                                             approval requirements of 49 U.S.C.
                                                    minutes                                                 SURFACE TRANSPORTATION BOARD                          11323. See 49 CFR 1180.2(d)(2).
                                                      • Total Estimated Burden Time:                                                                                 Under 49 U.S.C. 10502(g), the Board
                                                    336,796 hours                                           [Docket No. FD 36009]                                 may not use its exemption authority to
                                                      • Frequency: On Occasion                                                                                    relieve a rail carrier of its statutory
                                                                                                            Gulf & Ohio Railways, Inc., H. Peter                  obligation to protect the interests of its
                                                      • Obligation To Respond: Voluntary                    Claussen and Linda C. Claussen—                       employees. Section 11326(c), however,
                                                      We are soliciting public comments to                  Continuance in Control Exemption—                     does not provide for labor protection for
                                                    permit the Department to:                               North Carolina & Atlantic Railroad Co.,               transactions under 11324 and 11325
                                                                                                            Inc.
                                                      • Evaluate whether the proposed                                                                             that involve only Class III rail carriers.
                                                    information collection is necessary for                    Gulf & Ohio Railways, Inc. (G&O), and              Accordingly, the Board may not impose
                                                    the proper functions of the Department.                 H. Peter Claussen and Linda C. Claussen               labor protective conditions here,
                                                      • Evaluate the accuracy of our                        (the Claussens) (collectively,                        because all of the carriers involved are
                                                    estimate of the time and cost burden for                Applicants) have jointly filed a verified             Class III carriers.
                                                    this proposed collection, including the                 notice of exemption pursuant to 49 CFR                   If the notice contains false or
                                                    validity of the methodology and                         1180.2(d)(2) to continue in control of                misleading information, the exemption
                                                    assumptions used.                                       North Carolina & Atlantic Railroad Co.,               is void ab initio. Petitions to revoke the
                                                                                                            Inc. (NCAR), upon NCAR’s becoming a                   exemption under 49 U.S.C. 10502(d)
                                                      • Enhance the quality, utility, and                                                                         may be filed at any time. The filing of
                                                    clarity of the information to be                        Class III rail carrier.
                                                                                                               This transaction is related to a                   a petition to revoke will not
                                                    collected.                                                                                                    automatically stay the effectiveness of
                                                                                                            concurrently filed verified notice of
                                                      • Minimize the reporting burden on                                                                          the exemption. Stay petitions must be
                                                                                                            exemption in North Carolina & Atlantic
                                                    those who are to respond, including the                                                                       filed no later than April 1, 2016 (at least
                                                                                                            Railroad Co., Inc.—Lease & Operation
                                                    use of automated collection techniques                                                                        seven days before the exemption
                                                                                                            Exemption—North Carolina Department
                                                    or other forms of information                                                                                 becomes effective).
                                                                                                            of Transportation, Docket No. FD 36008,
                                                    technology.                                                                                                      An original and 10 copies of all
                                                                                                            wherein NCAR seeks Board approval
                                                      Please note that comments submitted                   under 49 CFR 1150.31 to lease from the                pleadings, referring to Docket No. FD
                                                    in response to this Notice are public                   North Carolina Department of                          36009, must be filed with the Surface
                                                    record. Before including any detailed                   Transportation, and to operate,                       Transportation Board, 395 E Street SW.,
                                                    personal information, you should be                     approximately 5.7 miles of rail line,                 Washington, DC 20423–0001. In
                                                    aware that your comments as submitted,                  referred to as the Global Transpark rail              addition, one copy of each pleading
                                                    including your personal information,                    corridor, between milepost GTP–0.0                    must be served on Applicants’
                                                    will be available for public review.                    (connection to the North Carolina                     representative, Rose-Michele Nardi,
                                                                                                            Railroad Company track) and milepost                  Transport Counsel PC, 1701
                                                    Abstract of Proposed Collection                                                                               Pennsylvania Ave. NW., Suite 300,
                                                                                                            GTP–5.7 (at the NC Global Transpark) at
                                                       The Smart Traveler Enrollment                        Kinston, in Lenoir County, NC.                        Washington, DC 20006.
                                                    Program (STEP) makes it possible for                       Applicants expect to consummate the                   Board decisions and notices are
                                                    U.S. nationals to register on-line from                 proposed transaction on or after April 8,             available on our Web site at
                                                    anywhere in the world. In the event of                  2016, the effective date of the exemption             ‘‘WWW.STB.DOT.GOV.’’
                                                    a family emergency, natural disaster or                 (30 days after the verified notice of                   Decided: March 21, 2016.
                                                    international crisis, U.S. embassies and                exemption was filed).                                   By the Board, Joseph H. Dettmar, Acting
                                                    consulates rely on this registration                       According to Applicants, the                       Director, Office of Proceedings.
                                                    information to provide critical                         Claussens own a controlling share of                  Kenyatta Clay,
                                                    information and assistance to them. 22                  voting stock of G&O. G&O, in turn,                    Clearance Clerk.
                                                    U.S.C. 2715 is one of the main legal                    wholly owns four Class III rail carriers              [FR Doc. 2016–06782 Filed 3–24–16; 8:45 am]
                                                    authorities that deem the usage of this                 operating in three states: (a) Knoxville &            BILLING CODE 4915–01–P
                                                    form necessary.                                         Holston River Railroad Co., Inc.,
                                                    Methodology                                             operating in Tennessee; (b) Lancaster &
                                                                                                            Chester Railroad, LLC, operating in                   SURFACE TRANSPORTATION BOARD
                                                      99% of responses are received via                     South Carolina; (c) Laurinburg &
                                                    electronic submission on the Internet.                  Southern Railroad Co., Inc., operating in             [Docket No. FD 36008]
                                                    The service is available on the                         North Carolina; and (d) Piedmont &
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  North Carolina & Atlantic Railroad Co.,
                                                    Department of State, Bureau of Consular                 Atlantic Railroad Co., Inc., d/b/a Yadkin             Inc.—Lease and Operation
                                                    Affairs Web site http://travel.state.gov at             Valley Railroad, operating in North                   Exemption—North Carolina
                                                    https://step.state.gov/step/. The paper                 Carolina.                                             Department of Transportation
                                                    version of the collection permits                          Applicants certify that: (1) The rail
                                                    respondents who do not have Internet                    lines to be operated by NCAR do not                     North Carolina & Atlantic Railroad
                                                    access to provide the information to the                connect with any other railroads                      Co., Inc. (NCAR), a noncarrier, has filed
                                                    U.S. embassy or consulate by fax, mail                  operated by the carriers in the                       a verified notice of exemption under 49
                                                    or in person.                                           Applicants’ corporate family; (2) the                 CFR 1150.31 to lease from the North


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                                                    16252                           Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices

                                                    Carolina Department of Transportation                     By the Board, Joseph H. Dettmar, Acting                 Washington, DC 20423–0001. In
                                                    (NCDOT), and to operate, approximately                  Director, Office of Proceedings.                          addition, a copy of each pleading must
                                                    5.7 miles of rail line, referred to as the              Kenyatta Clay,                                            be served on Karl Morell, Karl Morell &
                                                    Global Transpark rail corridor, between                 Clearance Clerk.                                          Associates, 655 15th Street NW., Suite
                                                    milepost GTP–0.0 (connection to the                     [FR Doc. 2016–06784 Filed 3–24–16; 8:45 am]               225, Washington, DC 20005.
                                                    North Carolina Railroad Company track)                  BILLING CODE 4915–01–P                                      Board decisions and notices are
                                                    and milepost GTP–5.7 (at the NC Global                                                                            available on our Web site at
                                                    Transpark) at Kinston, in Lenoir County,                                                                          WWW.STB.DOT.GOV.
                                                    N.C., pursuant to an executed lease and                 SURFACE TRANSPORTATION BOARD                                Decided: March 21, 2016.
                                                    operating agreement.                                    [Docket No. FD 36001]                                       By the Board, Joseph H. Dettmar, Acting
                                                       This transaction is related to a                                                                               Director, Office of Proceedings.
                                                                                                            BNSF Railway Company—Trackage                             Kenyatta Clay,
                                                    concurrently filed verified notice of
                                                                                                            Rights Exemption—State of                                 Clearance Clerk.
                                                    exemption in Gulf & Ohio Railways,
                                                                                                            Washington, Department of                                 [FR Doc. 2016–06783 Filed 3–24–16; 8:45 am]
                                                    Inc.—Continuance in Control                             Transportation
                                                    Exemption—North Carolina & Atlantic                                                                               BILLING CODE 4915–01–P
                                                    Railroad Co., Inc., Docket No. FD 36009,                   The State of Washington, Department
                                                    in which Gulf & Ohio Railways, Inc., H.                 of Transportation (WDOT), pursuant to
                                                    Peter Claussen and Linda C. Claussen                    a trackage rights agreement being                         SURFACE TRANSPORTATION BOARD
                                                    seek Board approval to continue in                      negotiated between WDOT and BNSF                          [Docket No. FD 35996]
                                                    control of NCAR under 49 CFR                            Railway Company (BNSF),1 has agreed
                                                    1180.2(d)(2), upon NCAR’s becoming a                    to grant BNSF restricted local trackage                   San Jacinto Transportation Company,
                                                    Class III rail carrier.                                 rights over approximately 5.3 miles of                    Inc.—Operation Exemption—SJRE-
                                                                                                            rail line between milepost 1.0 at                         Railroad Series
                                                       NCAR certifies that the projected                    Cheney, Wa., and milepost 6.30 near
                                                    annual revenues as a result of this                     Four Lakes, Wa. (the Line). The trackage                     San Jacinto Transportation Company,
                                                    transaction will not exceed those that                  rights are intended to permit BNSF to                     Inc. (SJTC), a noncarrier, has filed a
                                                    would qualify it as a Class II rail carrier             move unit trains of 75 to 120 cars of                     verified notice of exemption under 49
                                                    and states that its projected annual                    grain or grain products or empty cars                     CFR 1150.31 to operate approximately
                                                    revenue is expected not to exceed $5                    originating or terminating at the                         6.0 miles of rail line owned by SJRE-
                                                    million. NCAR states that the agreement                 Highline Grain facility at milepost 6.30,                 Railroad Series (SJRE), pursuant to an
                                                    regarding the subject line does not                     and to perform overhead movements                         operating agreement with SJRE,1 in
                                                    involve an interchange commitment.                      over the Line.                                            Harris County, Tex. (the Line). The Line
                                                                                                               The transaction may be consummated                     is located within the San Jacinto River
                                                       The transaction may be consummated                                                                             and Rail Park and will connect with
                                                    on April 8, 2016, the effective date of                 on or after April 10, 2016, the effective
                                                                                                            date of the exemption (30 days after the                  Union Pacific Railroad Company (UP)
                                                    the exemption (30 days after the verified                                                                         and BNSF Railway Company (BNSF)
                                                    notice of exemption was filed). If the                  verified notice of exemption was filed).
                                                                                                               As a condition to this exemption, any                  near mileposts 344–346 on the Lafayette
                                                    verified notice contains false or                                                                                 Subdivision.
                                                                                                            employees affected by the trackage
                                                    misleading information, the exemption                   rights will be protected by the                              The transaction may be consummated
                                                    is void ab initio. Petitions to revoke the              conditions imposed in Norfolk &                           on or after April 9, 2016, the effective
                                                    exemption under 49 U.S.C. 10502(d)                      Western Railway—Trackage Rights—                          date of the exemption (30 days after the
                                                    may be filed at any time. The filing of                 Burlington Northern, Inc., 354 I.C.C. 605                 exemption was filed).
                                                    a petition to revoke will not                           (1978), as modified in Mendocino Coast                       SJTC certifies that, as a result of this
                                                    automatically stay the effectiveness of                 Railway—Lease & Operate—California                        transaction, its projected revenues will
                                                    the exemption. Petitions to stay must be                Western Railroad, 360 I.C.C. 653 (1980).                  not result in the creation of a Class II or
                                                    filed by April 1, 2016 (at least seven                     This notice is filed under 49 CFR                      Class I rail carrier and will not exceed
                                                    days prior to the date the exemption                    1180.2(d)(7). If the notice contains false                $5 million.
                                                    becomes effective).                                     or misleading information, the                               SJTC states that the operating
                                                       An original and 10 copies of all                     exemption is void ab initio. Petitions to                 agreement does not involve a provision
                                                    pleadings, referring to Docket No. FD                   revoke the exemption under 49 U.S.C.                      or agreement which may limit future
                                                    36008 must be filed with the Surface                    10502(d) may be filed at any time. The                    interchange with a third party
                                                    Transportation Board, 395 E Street SW.,                 filing of a petition to revoke will not                   connecting carrier. SJTC further states
                                                    Washington, DC 20423–0001. In                           automatically stay the effectiveness of                   that, once the exemption becomes
                                                                                                            the exemption. Petitions for stay must                    effective, it anticipates that UP and
                                                    addition, a copy of each pleading must
                                                                                                            be filed by April 1, 2016 (at least 7 days                BNSF will enter into an interchange or
                                                    be served on applicant’s representative,
                                                                                                            before the exemption becomes                              switching agreement for SJTC to serve
                                                    Rose-Michele Nardi, Transport Counsel
                                                                                                            effective).                                               customers on the Line.
                                                    PC, 1701 Pennsylvania Ave. NW., Suite                      An original and 10 copies of all                          If the verified notice contains false or
                                                    300, Washington, DC 20006.                              pleadings, referring to Docket No. FD                     misleading information, the exemption
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       According to NCAR, this action is                    36001, must be filed with the Surface                     is void ab initio. Petitions to revoke the
                                                    categorically excluded from                             Transportation Board, 395 E Street SW.,                   exemption under 49 U.S.C. 10502(d)
                                                    environmental review under 49 CFR                                                                                 may be filed at any time. The filing of
                                                    1105.6(c).                                                1 WDOT and BNSF state that a copy of the
                                                                                                                                                                      a petition to revoke will not
                                                                                                            agreement will be filed with the Board within 10          automatically stay the effectiveness of
                                                       Board decisions and notices are                      days of the agreement’s execution. Also, WDOT
                                                    available on our Web site at                            states that Eastern Washington Gateway Railroad           the exemption. Petitions to stay must be
                                                    ‘‘WWW.STB.DOT.GOV.’’                                    Company, which leases the Line for which BNSF
                                                                                                            seeks restricted local trackage rights, will be a party      1 SJRE is an entity within San Jacinto Real Estate,

                                                       Decided: March 21, 2016.                             to the trackage rights agreement.                         a series of LLCs’ formed under the laws of Texas.



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Document Created: 2018-02-02 15:17:42
Document Modified: 2018-02-02 15:17:42
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 Citation81 FR 16251 

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