81 FR 31292 - South Carolina Division of Public Railways d/b/a Palmetto Railways-Acquisition Exemption-Hampton & Branchville Railroad Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 96 (May 18, 2016)

Page Range		31292-31292
FR Document		2016-11721

Federal Register, Volume 81 Issue 96 (Wednesday, May 18, 2016)

[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)]
[Notices]
[Page 31292]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11721]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35995]


South Carolina Division of Public Railways d/b/a Palmetto 
Railways--Acquisition Exemption--Hampton & Branchville Railroad Company

    South Carolina Division of Public Railways d/b/a Palmetto Railways 
(Palmetto), a Class III rail carrier, has filed a verified notice of 
exemption under 49 CFR 1150.41 to acquire three connecting line 
segments that constitute the entire rail line of Hampton & Branchville 
Railroad Company (H&B), a total distance of approximately 45.77 miles 
in Colleton and Hampton Counties, S.C. (H&B Line): (1) From a 
connection with CSX Transportation, Inc., at milepost 0.0 in Hampton to 
milepost 16.8 at H&B Junction, a distance of 16.8 miles; (2) from the 
end of track at milepost 462.37 in Lodge through H&B Junction and 
Stokes to the end of track at milepost 443.18 in Walterboro, a distance 
of 19.19 miles; and (3) from approximately milepost 447 at Stokes to 
the end of track at milepost 456.78 in Canadys, a distance of 9.78 
miles.\1\
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    \1\ Palmetto states that no rail service has been provided on 
the H&B Line since H&B's final customer ceased rail shipments in 
December 2012. Palmetto also states that the stub track between H&B 
Junction and Lodge has not been in service since 1986, and the stub 
track between Stokes and Walterboro has not been in service since 
1989. According to Palmetto, certain trackage on both stubs has been 
removed, but neither segment has been abandoned.
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    Palmetto has certified that the transaction does not involve any 
provision or agreement that would limit future interchange with a 
third-party connecting carrier.
    Palmetto states that its projected annual revenues as a result of 
this transaction will not result in Palmetto's becoming a Class II or 
Class I rail carrier, but that its projected annual revenues will 
exceed $5 million. Accordingly, Palmetto is required, at least 60 days 
before this exemption is to become effective, to send notice of the 
transaction to the national offices of the labor unions with employees 
on the affected line, post a copy of the notice at the workplace of the 
employees on the affected line, and certify to the Board that it has 
done so. 49 CFR 1150.42(e). Palmetto's verified notice, however, 
includes a request to waive that requirement. Palmetto states that H&B 
has not conducted any rail operations in more than three years and does 
not have any employees, other than its president. Palmetto asserts that 
providing the 60-day notice would serve no useful purpose because it is 
merely acquiring the Line to prevent abandonment. Palmetto's waiver 
request will be addressed in a separate decision.
    Palmetto states that it expects to consummate the transaction on or 
after August 5, 2016.\2\ The Board will establish in the decision on 
the waiver request the earliest date this transaction may be 
consummated.
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    \2\ Palmetto states that H&B and Palmetto have agreed upon the 
terms of an Asset Purchase and Sale Agreement providing for 
Palmetto's acquisition of all of H&B's right, title, and interest in 
the H&B Line. According to Palmetto, the Agreement will be fully 
executed after Palmetto receives the necessary state agency 
approvals. Palmetto states that it will concurrently execute a Loan 
and Security Agreement with Colleton County Intermodal Corporation 
(CCIC) and Colleton County providing for CCIC's financing of the 
acquisition transaction through the issuance of economic development 
revenue bonds.
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    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 May 25, 2016.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35995, 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 Thomas J. Litwiler, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 920, Chicago, IL 60606.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV''.

    Decided: May 13, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2016-11721 Filed 5-17-16; 8:45 am]
 BILLING CODE 4915-01-P

31292 Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices

Affairs’ Office of Sanctions Policy and becoming a Class II or Class I rail By the Board, Rachel D. Campbell,
Implementation (http://www.state.gov/e/eb/ carrier, but that its projected annual Director, Office of Proceedings.
tfs/spi). Updates will also be published in the revenues will exceed $5 million. Tammy Lowery,
Federal Register. For further information, Clearance Clerk.
please contact the State Department at 202– Accordingly, Palmetto is required, at
647–7489. least 60 days before this exemption is to [FR Doc. 2016–11721 Filed 5–17–16; 8:45 am]
become effective, to send notice of the BILLING CODE 4915–01–P
Note 4: For provisions relating to transaction to the national offices of the
recordkeeping and reports, see 31 CFR labor unions with employees on the
501.601 and 501.602 and 19 CFR part 163. OFFICE OF THE UNITED STATES
affected line, post a copy of the notice
With this notice, the Department of at the workplace of the employees on TRADE REPRESENTATIVE
State is publishing its April 22, 2016, the affected line, and certify to the
Section 515.582 List. Board that it has done so. 49 CFR Determination Regarding Waiver of
1150.42(e). Palmetto’s verified notice, Discriminatory Purchasing
Charles H. Rivkin, Requirements With Respect to Goods
Assistant Secretary, Economic and Business however, includes a request to waive
and Services of Ukraine
Affairs. that requirement. Palmetto states that
[FR Doc. 2016–11730 Filed 5–17–16; 8:45 am] H&B has not conducted any rail AGENCY: Office of the United States
BILLING CODE 4710–AE–P
operations in more than three years and Trade Representative.
does not have any employees, other ACTION: Determination regarding waiver
than its president. Palmetto asserts that of discriminatory purchasing
SURFACE TRANSPORTATION BOARD providing the 60-day notice would serve requirements under the Trade
no useful purpose because it is merely Agreements Act of 1979.
[Docket No. FD 35995] acquiring the Line to prevent
abandonment. Palmetto’s waiver request DATES: Effective May 18, 2016.
South Carolina Division of Public
will be addressed in a separate decision. FOR FURTHER INFORMATION CONTACT:
Railways d/b/a Palmetto Railways—
Acquisition Exemption—Hampton & Palmetto states that it expects to Scott Pietan, Director of International
Branchville Railroad Company consummate the transaction on or after Procurement Policy, Office of the
August 5, 2016.2 The Board will United States Trade Representative,
South Carolina Division of Public establish in the decision on the waiver (202) 395–9646.
Railways d/b/a Palmetto Railways request the earliest date this transaction SUPPLEMENTARY INFORMATION: On
(Palmetto), a Class III rail carrier, has may be consummated. November 11, 2015, the WTO
filed a verified notice of exemption Committee on Government Procurement
under 49 CFR 1150.41 to acquire three If the verified notice contains false or approved the accession of Ukraine to
connecting line segments that constitute misleading information, the exemption the World Trade Organization (‘‘WTO’’)
the entire rail line of Hampton & is void ab initio. Petitions to revoke the Agreement on Government Procurement
Branchville Railroad Company (H&B), a exemption under 49 U.S.C. 10502(d) (‘‘GPA’’). Ukraine submitted its
total distance of approximately 45.77 may be filed at any time. The filing of instrument of accession to the Secretary-
miles in Colleton and Hampton a petition to revoke will not General of the WTO on April 18, 2016.
Counties, S.C. (H&B Line): (1) From a automatically stay the effectiveness of The GPA will enter into force for
connection with CSX Transportation, the exemption. Petitions to stay must be Ukraine on May 18, 2016. The United
Inc., at milepost 0.0 in Hampton to filed no later than May 25, 2016. States, which is also a party to the GPA,
milepost 16.8 at H&B Junction, a An original and 10 copies of all has agreed to waive discriminatory
distance of 16.8 miles; (2) from the end pleadings, referring to Docket No. FD purchasing requirements for eligible
of track at milepost 462.37 in Lodge 35995, must be filed with the Surface products and suppliers of Ukraine
through H&B Junction and Stokes to the beginning on May 18, 2016. Section 1–
Transportation Board, 395 E Street SW.,
end of track at milepost 443.18 in 201 of Executive Order 12260 of
Washington, DC 20423–0001. In
Walterboro, a distance of 19.19 miles; December 31, 1980 delegated the
and (3) from approximately milepost addition, a copy of each pleading must
be served on Thomas J. Litwiler, functions of the President under
447 at Stokes to the end of track at sections 301 and 302 of the Trade
milepost 456.78 in Canadys, a distance Fletcher & Sippel LLC, 29 North Wacker
Agreements Act of 1979 (‘‘the Trade
of 9.78 miles.1 Drive, Suite 920, Chicago, IL 60606.
Agreements Act’’) (19 U.S.C. 2511,
Palmetto has certified that the Board decisions and notices are 2512) to the United States Trade
transaction does not involve any available on our Web site at Representative.
provision or agreement that would limit ‘‘WWW.STB.DOT.GOV’’. Determination: In conformity with
future interchange with a third-party sections 301 and 302 of the Trade
Decided: May 13, 2016.
connecting carrier. Agreements Act, and in order to carry
Palmetto states that its projected 2 Palmetto states that H&B and Palmetto have
out U.S. obligations under the GPA, I
annual revenues as a result of this hereby determine that:
agreed upon the terms of an Asset Purchase and
transaction will not result in Palmetto’s Sale Agreement providing for Palmetto’s acquisition 1. Ukraine has become a party to the
of all of H&B’s right, title, and interest in the H&B GPA and will provide appropriate
1 Palmetto states that no rail service has been
Line. According to Palmetto, the Agreement will be reciprocal competitive government
sradovich on DSK3TPTVN1PROD with NOTICES

provided on the H&B Line since H&B’s final fully executed after Palmetto receives the necessary
customer ceased rail shipments in December 2012.
procurement opportunities to United
state agency approvals. Palmetto states that it will States products and services and
Palmetto also states that the stub track between
concurrently execute a Loan and Security
H&B Junction and Lodge has not been in service suppliers of such products and services.
since 1986, and the stub track between Stokes and Agreement with Colleton County Intermodal
Corporation (CCIC) and Colleton County providing
In accordance with section 301(b)(1) of
Walterboro has not been in service since 1989.
According to Palmetto, certain trackage on both for CCIC’s financing of the acquisition transaction the Trade Agreements Act, Ukraine is so
stubs has been removed, but neither segment has through the issuance of economic development designated for purposes of section
been abandoned. revenue bonds. 301(a) of the Trade Agreements Act.

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Document Created: 2016-05-18 00:07:05
Document Modified: 2016-05-18 00:07:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 31292