81 FR 50045 - Progressive Rail Incorporated-Continuance in Control Exemption-Iowa Southern Railway Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 146 (July 29, 2016)

Page Range		50045-50045
FR Document		2016-17992

Federal Register, Volume 81 Issue 146 (Friday, July 29, 2016)

[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Page 50045]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17992]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36051]


Progressive Rail Incorporated--Continuance in Control Exemption--
Iowa Southern Railway Company

    Progressive Rail Incorporated (PGR), a Class III rail carrier, has 
filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to 
continue in control of Iowa Southern Railway Company (ISR), upon ISR's 
becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Iowa Southern Railway Company--Lease & Operation 
Exemption--Appanoose County Community Railroad, Docket No. FD 36050, 
wherein ISR seeks Board approval to lease and operate approximately 
34.5 miles of rail line between milepost 0.0 in Centerville, Appanoose 
County, Iowa, and milepost 34.5 in Albia, Monroe County, Iowa.
    The transaction may be consummated on or after August 13, 2016, the 
effective date of the exemption (30 days after the notice of exemption 
was filed).
    PGR owns or operates rail lines in Minnesota, Wisconsin, and 
Illinois, and controls three other Class III rail carriers that operate 
rail lines in Minnesota, Missouri, and Iowa.
    PGR represents that: (1) The rail line to be leased and operated by 
ISR does not connect with any of the rail lines of PGR or of the other 
three Class III rail carriers controlled by PGR; (2) the continuance in 
control is not a part of a series of anticipated transactions that 
would result in such a connection; and (3) 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 11324 and 11325 
that involve only Class III rail carriers. Accordingly, the Board may 
not impose labor protective conditions here, because all of the 
carriers involved are Class III carriers.
    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 by August 5, 2016 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36051, 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 and Audrey L. Brodrick, 
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: July 26, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2016-17992 Filed 7-28-16; 8:45 am]
BILLING CODE 4915-01-P

Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices 50045

Decided: July 26, 2016. If the verified notice contains false or of Moldova to the GPA. The Republic of
By the Board, Rachel D. Campbell, misleading information, the exemption Moldova submitted its instrument of
Director, Office of Proceedings. is void ab initio. Petitions to revoke the accession to the Secretary-General of the
Raina S. Contee, exemption under 49 U.S.C. 10502(d) WTO on June 14, 2016. The GPA will
Clearance Clerk. may be filed at any time. The filing of enter into force for the Republic of
[FR Doc. 2016–17991 Filed 7–28–16; 8:45 am] a petition to revoke will not Moldova on July 14, 2016. The United
BILLING CODE 4915–01–P
automatically stay the effectiveness of States, which also is a party to the GPA,
the exemption. Petitions for stay must has agreed to waive discriminatory
be filed by August 5, 2016 (at least purchasing requirements for eligible
SURFACE TRANSPORTATION BOARD seven days before the exemption products and suppliers of the Republic
becomes effective). of Moldova beginning on July 14, 2016.
[Docket No. FD 36051] An original and 10 copies of all Section 1–201 of Executive Order
pleadings, referring to Docket No. FD 12260 of December 31, 1980, delegated
Progressive Rail Incorporated—
36051, must be filed with the Surface the functions of the President under
Continuance in Control Exemption—
Transportation Board, 395 E Street SW., sections 301 and 302 of the Trade
Iowa Southern Railway Company
Washington, DC 20423–0001. In Agreements Act of 1979 (the Trade
Progressive Rail Incorporated (PGR), a addition, a copy of each pleading must Agreements Act) (19 U.S.C. 2511, 2512)
Class III rail carrier, has filed a verified be served on Thomas J. Litwiler and to the United States Trade
notice of exemption pursuant to 49 CFR Audrey L. Brodrick, Fletcher & Sippel Representative.
1180.2(d)(2) to continue in control of LLC, 29 North Wacker Drive, Suite 920,
Iowa Southern Railway Company (ISR), Chicago, IL 60606. Determination
upon ISR’s becoming a Class III rail Board decisions and notices are
In conformity with sections 301 and
carrier. available on our Web site at
302 of the Trade Agreements Act, and
This transaction is related to a WWW.STB.DOT.GOV.
concurrently filed verified notice of in order to carry out U.S. obligations
Decided: July 26, 2016. under the GPA, I hereby determine that:
exemption in Iowa Southern Railway
By the Board, Rachel D. Campbell, 1. The Republic of Moldova has
Company—Lease & Operation Director, Office of Proceedings.
Exemption—Appanoose County become a party to the GPA and will
Raina S. Contee, provide appropriate reciprocal
Community Railroad, Docket No. FD
36050, wherein ISR seeks Board Clearance Clerk. competitive government procurement
approval to lease and operate [FR Doc. 2016–17992 Filed 7–28–16; 8:45 am] opportunities to United States products
approximately 34.5 miles of rail line BILLING CODE 4915–01–P and services and suppliers of such
between milepost 0.0 in Centerville, products and services. In accordance
Appanoose County, Iowa, and milepost with section 301(b)(1) of the Trade
34.5 in Albia, Monroe County, Iowa. OFFICE OF THE UNITED STATES Agreements Act, the Republic of
The transaction may be consummated TRADE REPRESENTATIVE Moldova is so designated for purposes
on or after August 13, 2016, the effective of section 301(a) of the Trade
date of the exemption (30 days after the Determination Regarding Waiver of Agreements Act.
notice of exemption was filed). Discriminatory Purchasing 2. Accordingly, beginning on July 14,
PGR owns or operates rail lines in Requirements With Respect to Goods 2016, with respect to eligible products
Minnesota, Wisconsin, and Illinois, and and Services of the Republic of of the Republic of Moldova, namely,
controls three other Class III rail carriers Moldova those goods and services covered under
that operate rail lines in Minnesota, the GPA for procurement by the United
AGENCY: Office of the United States
Missouri, and Iowa. States, and suppliers of such products,
PGR represents that: (1) The rail line Trade Representative.
ACTION: Notice. the application of any law, regulation,
to be leased and operated by ISR does procedure or practice regarding
not connect with any of the rail lines of SUMMARY: On September 21, 2015, the government procurement that would, if
PGR or of the other three Class III rail WTO Committee on Government applied to such products and suppliers,
carriers controlled by PGR; (2) the result in treatment less favorable than
Procurement approved the accession of
continuance in control is not a part of that accorded:
the Republic of Moldova to the World
a series of anticipated transactions that
Trade Organization (WTO) Agreement A. to United States products and
would result in such a connection; and
on Government Procurement (GPA). The suppliers of such products, or
(3) the transaction does not involve a
United States, which also is a party to B. to eligible products of another
Class I carrier. Therefore, the transaction
the GPA, has agreed to waive foreign country or instrumentality
is exempt from the prior approval
discriminatory purchasing requirements which is a party to the GPA and
requirements of 49 U.S.C. 11323. See 49
for eligible products and suppliers of suppliers of such products, shall be
CFR 1180.2(d)(2).
Under 49 U.S.C. 10502(g), the Board the Republic of Moldova beginning on waived. This waiver shall be applied by
may not use its exemption authority to July 14, 2016 all entities listed in United States
relieve a rail carrier of its statutory DATES: Effective July 14, 2016. Annexes 1 and 3 of GPA Appendix 1.
obligation to protect the interests of its FOR FURTHER INFORMATION CONTACT: 3. The United States Trade
employees. Section 11326(c), however, Scott Pietan, Director of International
ebenthall on DSK5MVXVN1PROD with NOTICES

Representative may modify or withdraw
does not provide for labor protection for Procurement Policy, Office of the the designation in paragraph 1 and the
transactions under 11324 and 11325 United States Trade Representative, waiver in paragraph 2.
that involve only Class III rail carriers. 202–395–9646.
Accordingly, the Board may not impose SUPPLEMENTARY INFORMATION: On Michael B.G. Froman,
labor protective conditions here, September 21, 2015, the WTO United States Trade Representative.
because all of the carriers involved are Committee on Government Procurement [FR Doc. 2016–17973 Filed 7–28–16; 8:45 am]
Class III carriers. approved the accession of the Republic BILLING CODE 3290–F6–P

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Document Created: 2018-02-08 07:52:04
Document Modified: 2018-02-08 07:52:04

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 50045