82 FR 10175 - Jacksonville Port Terminal Railroad-Operation Exemption-The Jacksonville Port Authority
SURFACE TRANSPORTATION BOARD Federal Register Volume 82, Issue 26 (February 9, 2017)
Federal Register Volume 82, Issue 26 (February 9, 2017)
| Page Range | 10175-10176 | |
| FR Document | 2017-02703 |
[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)] [Notices] [Pages 10175-10176] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02703] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. FD 36089] Jacksonville Port Terminal Railroad--Operation Exemption--The Jacksonville Port Authority Jacksonville Port Terminal Railroad (JXPT), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate approximately 10.0 miles of rail line owned by the Jacksonville Port Authority (Authority) at the Talleyrand Docks and Terminal, in Jacksonville, Duval County, Fla. (the Line), pursuant to an operating agreement with the Authority. The Line runs from F&J Junction (between Norfolk Southern Railway milepost 5-C and CSX Transportation milepost 632.08) in an easterly direction to Municipal Docks Railway milepost 10.33 within the Talleyrand Marine Terminal. This transaction is related to a concurrently filed verified notice of exemption in Watco Holdings, Inc.--Continuance in Control Exemption--Jacksonville Port Terminal Railroad, L.L.C., Docket No. FD 36090, in which Watco Holdings, Inc., seeks Board approval to continue in control of JXPT upon JXPT's becoming a Class III rail carrier. The transaction may be consummated on or after February 23, 2017, the effective date of the exemption (30 days after the verified notice was filed). [[Page 10176]] JXPT certifies that, as a result of this transaction, its projected revenues will not result in the creation of a Class II or Class I rail carrier and will not exceed $5 million. JXPT states that the operating agreement does not involve a provision or agreement which may limit future interchange with a third party connecting carrier. 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 February 16, 2017 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36089, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, a copy must be served on Karl Morell, Karl Morell & Associates, Suite 225, 655 Fifteenth St. NW., Washington, DC 20005. Board decisions and notices are available on our Web site at ``WWW.STB.GOV.'' Decided: February 3, 2017. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2017-02703 Filed 2-8-17; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices 10175
and rescue services and passenger Organization’s (IMO) Sub-Committee on 20593–7509 not later than February 23,
ships (MSC/Circ.1079) Ship Systems and Equipment to be held 2017. Requests made after February 23,
—Unified interpretation of provisions of at the IMO Headquarters, United 2017 might not be able to be
IMO safety, security, and environment Kingdom, March 20–24, 2017. accommodated. RTCM Headquarters is
related Conventions The agenda items to be considered located adjacent to the Rosslyn Metro
—Biennial status report and provisional include: station and is accessible by taxi and
agenda for NCSR 5 —Adoption of the agenda privately owned conveyance.
—Election of Chairman and Vice- —Decisions of other IMO bodies In the case of inclement weather
Chairman for 2018 —Safety objectives and functional where the Federal Government is closed
—Report to the Marine Safety requirements of the Guidelines on or delayed, a public meeting may be
Committee alternative design and arrangements conducted virtually by calling (202)
Members of the public may attend for SOLAS chapters II–1 and III 475–4000 or 1 (855) 475–2447,
this meeting up to the seating capacity —Making the provisions of MSC.1/ Participant code: 887 809 72. The
of the room. To facilitate the building Circ.1206/Rev.1 mandatory meeting coordinator will confirm
security process, and to request —Uniform implementation of paragraph whether the virtual public meeting will
reasonable accommodation, those who 6.1.1.3 of the LSA Code be utilized at: www.uscg.mil/imo.
plan to attend should contact the —Review the MODU Code, LSA Code Members of the public can find out
meeting coordinator, George Detweiler, and MSC.1/Circ.1206/Rev.1 whether the Federal Government is
by email at George.H.Detweiler@ —Amendments to the FSS Code for CO2 delayed or closed by visiting
uscg.mil, by phone at (202) 372–1566, or pipelines in under-deck passageways www.opm.gov/status/. Additional
in writing at 2703 Martin Luther King Jr. —Requirements for on-board lifting information regarding this and other
Ave. SE., Stop 7418, Washington DC appliances and winches IMO public meetings may be found at:
20593–7418 not later than February —Amendments to the Guidelines for www.uscg.mil/imo.
22nd, 2017. Requests made after vessels with dynamic positioning (DP) Jonathan W. Burby,
February 22nd, 2017, might not be able systems (MSC/Circ.645) Coast Guard Liaison Officer, Office of Ocean
to be accommodated. RTCM —Revision of requirements for escape and Polar Affairs, Department of State.
Headquarters is adjacent to the Rosslyn route signs and equipment location [FR Doc. 2017–02601 Filed 2–8–17; 8:45 am]
Metro Station and is accessible by taxi markings in SOLAS and related
BILLING CODE 4710–09–P
and privately owned conveyance. For instruments
further directions and lodging —Revised SOLAS regulations II–1/13
information, please see: http:// and II–1/13–1 and other related
www.rtcm.org/visit-us.html. In the case SURFACE TRANSPORTATION BOARD
regulations for new ships
of inclement weather where the Federal —Unified interpretation of provisions of [Docket No. FD 36089]
Government is closed or delayed, a IMO safety, security, and environment
public meeting may be conducted related conventions Jacksonville Port Terminal Railroad—
virtually by calling (202) 475–4000 or 1 —Review SOLAS chapter II–2 and Operation Exemption—The
(855) 475–2447, Participant code: 887 associated codes to minimize the Jacksonville Port Authority
809 72. The meeting coordinator will incidence and consequences of fires Jacksonville Port Terminal Railroad
confirm whether the virtual public on ro-ro spaces and special category (JXPT), a noncarrier, has filed a verified
meeting will be utilized at: spaces of new and existing ro-ro notice of exemption under 49 CFR
www.uscg.mil/imo. Members of the passenger ships 1150.31 to operate approximately 10.0
public can find out whether the Federal —Develop new requirements for miles of rail line owned by the
Government is delayed or closed by ventilation of survival crafts Jacksonville Port Authority (Authority)
visiting www.opm.gov/status/. —Consequential work related to the at the Talleyrand Docks and Terminal,
Additional information regarding this new Polar Code in Jacksonville, Duval County, Fla. (the
and other IMO public meetings may be —Biennial status report and provisional Line), pursuant to an operating
found at: www.uscg.mil/imo. agenda for SSE 5 agreement with the Authority. The Line
Jonathan W. Burby, —Election of Chair and Vice-Chair for runs from F&J Junction (between
2018 Norfolk Southern Railway milepost 5–C
Coast Guard Liaison Officer, Office of Ocean
and Polar Affairs, Department of State. —Any other business and CSX Transportation milepost
[FR Doc. 2017–02602 Filed 2–8–17; 8:45 am] Members of the public may attend 632.08) in an easterly direction to
BILLING CODE 4710–09–P
this meeting up to the seating capacity Municipal Docks Railway milepost
of the room. Upon request to the 10.33 within the Talleyrand Marine
meeting coordinator, members of the Terminal.
DEPARTMENT OF STATE public may also participate via This transaction is related to a
teleconference, up to the capacity of the concurrently filed verified notice of
[Public Notice 9877] teleconference phone line. To access the exemption in Watco Holdings, Inc.—
teleconference line, participants should Continuance in Control Exemption—
Notice of Public Meeting
call (202) 475–4000 and use Participant Jacksonville Port Terminal Railroad,
The Department of State will conduct Code: 887 809 72. In order to ensure L.L.C., Docket No. FD 36090, in which
an open meeting at 10:00 a.m. on reasonable accommodation for the full
sradovich on DSK3GMQ082PROD with NOTICES
Watco Holdings, Inc., seeks Board
Thursday, March 2, 2017 at the offices number of meeting participants, those approval to continue in control of JXPT
of the Radio Technical Commission for who plan to attend should contact the upon JXPT’s becoming a Class III rail
Maritime Services (RTCM), 1611 N. meeting coordinator, LT Chris Briggs, by carrier.
Kent Street Suite 605, Arlington, VA email at Christopher.M.Briggs@uscg.mil, The transaction may be consummated
22209. The primary purpose of the by phone at (202) 372–1393, or in on or after February 23, 2017, the
meeting is to prepare for the fourth writing at 2703 Martin Luther King Jr. effective date of the exemption (30 days
session of the International Maritime Ave. SE., Stop 7509, Washington DC after the verified notice was filed).
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![10176 Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices
JXPT certifies that, as a result of this rights agreement and two subsequent in part, when it finds that: (1) Continued
transaction, its projected revenues will supplements to that agreement dated as regulation is not necessary to carry out
not result in the creation of a Class II or of August 1, 2009, and November 20, the rail transportation policy of 49
Class I rail carrier and will not exceed 2009, INRD holds trackage rights over a U.S.C. 10101; and (2) either the
$5 million. line of railroad of CSX Transportation, transaction or service is of limited
JXPT states that the operating Inc. (CSXT) from Sullivan to Carlisle scope, or regulation is not necessary to
agreement does not involve a provision and Oaktown, Ind.1 The purpose of protect shippers from the abuse of
or agreement which may limit future these trackage rights is to allow INRD to market power.
interchange with a third party handle unit coal trains from mines at INRD’s trackage rights were already
connecting carrier. Carlisle and Oaktown to specified authorized under the class exemption at
If the verified notice contains false or destinations on INRD or other railroads 49 CFR 1180.2(d)(7). Granting partial
misleading information, the exemption with which INRD interchanges. revocation in these circumstances
is void ab initio. Petitions to revoke the INRD states in its petition in this sub-
would promote the rail transportation
exemption under 49 U.S.C. 10502(d) docket that CSXT agreed to temporarily
policy by eliminating the need to file a
may be filed at any time. The filing of expand the existing trackage rights to
second pleading seeking discontinuance
a petition to revoke will not allow INRD to handle loaded and empty
when the agreement expires, thereby
automatically stay the effectiveness of coal trains between the Oaktown Mine
and the Kentucky Utilities Generating promoting rail transportation policy
the exemption. Petitions to stay must be
Station in Harrodsburg, Ky., in interline goals at 49 U.S.C. 10101(2), (7), and (15).
filed no later than February 16, 2017 (at
least seven days before the exemption service with other rail carriers.2 That Moreover, limiting the term of the
becomes effective). temporary trackage rights agreement, trackage rights is consistent with the
An original and 10 copies of all entitled Supplemental Agreement No. 6 limited scope of the transaction
pleadings, referring to Docket No. FD and dated September 1, 2016 previously exempted. Therefore, the
36089, must be filed with the Surface (Agreement), provides that the Board will grant the petition and permit
Transportation Board, 395 E Street SW., expanded trackage rights will expire on the trackage rights exempted in Docket
Washington, DC 20423–0001. In December 31, 2017.3 INRD argues that No. FD 36068 to expire on December 31,
addition, a copy must be served on Karl granting its petition to allow the 2017.
Morell, Karl Morell & Associates, Suite trackage rights to expire on that date To provide the statutorily mandated
225, 655 Fifteenth St. NW., Washington, will promote the rail transportation protection to any employee adversely
DC 20005. policy, will be consistent with the affected by the discontinuance of
Board decisions and notices are limited scope of the transaction, and trackage rights, the Board will impose
available on our Web site at will not adversely affect the current the employee protective conditions set
‘‘WWW.STB.GOV.’’ competitive situation of any shipper. forth in Oregon Short Line Railroad—
Decided: February 3, 2017. Abandonment Portion Goshen Branch
Discussion and Conclusions
By the Board, Scott M. Zimmerman, Acting Between Firth & Ammon, in Bingham &
Although INRD and CSXT have Bonneville Counties, Idaho, 360 I.C.C.
Director, Office of Proceedings.
expressly agreed on the duration of the 91 (1979).
Brendetta S. Jones,
proposed Agreement, trackage rights
Clearance Clerk. approved under the class exemption at This action is categorically excluded
[FR Doc. 2017–02703 Filed 2–8–17; 8:45 am] 49 CFR 1180.2(d)(7) typically remain from environmental review under 49
BILLING CODE 4915–01–P effective indefinitely, regardless of any CFR 1105.6(c).
contract provisions. Occasionally, It is ordered:
however, trackage rights exemptions 1. The petition for partial revocation
SURFACE TRANSPORTATION BOARD have been granted for a limited time is granted.
[Docket No. FD 36068 (Sub-No. 1)] period rather than in perpetuity. See,
e.g., Ind. S. R.R.—Temporary Trackage 2. Under 49 U.S.C. 10502, the trackage
The Indiana Rail Road Company— Rights Exemption—Norfolk S. Ry., FD rights described in Docket No. FD 36068
Trackage Rights Exemption—CSX 35965 (Sub-No. 1) (STB served Nov. 25, are exempted, as discussed above, to
Transportation, Inc. 2015). permit the trackage rights to expire on
Under 49 U.S.C. 10502, the Board December 31, 2017, subject to the
On September 29, 2016, The Indiana may exempt a person, class of persons, employee protective conditions set forth
Rail Road Company (INRD) filed a or a transaction or service, in whole or in Oregon Short Line.
verified notice of exemption in Docket 3. Notice will be published in the
No. FD 36068 for trackage rights under 1 See Ind. Rail Rd.—Trackage Rights Exemption—
Federal Register on February 9, 2017.
the class exemption at 49 CFR CSX Transp., Inc., FD 35328 (STB served Dec. 31,
1180.2(d)(7) and simultaneously filed a 2009); Ind. Rail Rd.—Trackage Rights Exemption— 4. This decision is effective on March
petition in this sub-docket to partially CSX Transp., Inc., FD 35287 (STB served Sept. 2, 11, 2017. Petitions to stay must be filed
2009); Ind. Rail Rd.—Amended Trackage Rights by February 21, 2017. Petitions for
revoke the exemption to allow the Exemption—CSX Transp., Inc., FD 35137 (STB
trackage rights to expire on December served May 22, 2008).
reconsideration must be filed by March
31, 2017. Notice of the exemption in 2 INRD’s notice of exemption initially described 1, 2017.
Docket No. FD 36068 was served and the trackage rights as ‘‘local.’’ However, on October Decided: February 3, 2017.
published in the Federal Register on 4, 2016, INRD filed a supplement in which it states
sradovich on DSK3GMQ082PROD with NOTICES
that, beyond serving the mine at Oaktown, the By the Board, Acting Chairman Begeman,
October 14, 2016 (81 FR 71160), and temporary trackage rights will not allow INRD to Vice Chairman Elliott, and Commissioner
became effective on October 29, 2016. provide local service at any points between Miller.
This decision addresses INRD’s petition Sullivan and Oaktown.
3 INRD explained in its notice of exemption that Marline Simeon,
to partially revoke the exemption.
because the temporary trackage rights under the Clearance Clerk.
As explained by INRD in its notice of Agreement were to be more than a year in duration,
exemption in Docket No. FD 36068, [FR Doc. 2017–02701 Filed 2–8–17; 8:45 am]
the class exemption for temporary trackage rights
pursuant to a May 15, 2008 trackage under 49 CFR 1180.2(d)(8) was not available. BILLING CODE 4915–01–P
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Document Created: 2017-02-09 01:02:59
Document Modified: 2017-02-09 01:02:59
| 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 | 82 FR 10175 |
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