82_FR_24073 82 FR 23974 - Ellis & Eastern Company-Acquisition and Operation Exemption-E&ER Company

82 FR 23974 - Ellis & Eastern Company-Acquisition and Operation Exemption-E&ER Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 99 (May 24, 2017)

Page Range23974-23974
FR Document2017-10653

Federal Register, Volume 82 Issue 99 (Wednesday, May 24, 2017)
[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Page 23974]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10653]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36118]


Ellis & Eastern Company--Acquisition and Operation Exemption--
E&ER Company

    Ellis & Eastern Company (Ellis), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire 
from E&ER Company (E&ER) and operate approximately 7.6 miles of rail 
line, between approximately milepost 41.4, near Manley, Minn., and 
milepost 49.0, in or near Brandon, S.D., in Rock County, Minn., and 
Minnehaha County, S.D. (the Line).\1\ According to Ellis, the Line is 
in poor repair and in need of rehabilitation, and has not been operated 
over since at least 1994, when E&ER acquired the Line.
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    \1\ This transaction is related to a concurrently filed verified 
notice of exemption in Ellis & Eastern Co.--Operation Exemption--
Buffalo Ridge Regional Railroad Authority, Docket No. FD 36119, 
wherein Ellis seeks to lease and operate approximately 41.44 miles 
of Buffalo Ridge Regional Railroad's rail line between approximately 
milepost 0.0 at Agate, Minn., and milepost 41.44 near Manley, Minn.
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    According to Ellis, it has reached an agreement with E&ER to 
acquire the trackage, right-of-way, and real property interests of the 
line owned by E&ER. Ellis also states that the proposed transaction 
does not involve any provision that may limit future interchange of 
traffic with any third-party carrier.
    Ellis certifies that the projected annual revenues as a result of 
this transaction will not result in its becoming a Class II or Class I 
rail carrier and will not exceed $5 million.
    The transaction may be consummated on June 7, 2017, the effective 
date of the exemption (30 days after the exemption was filed).
    According to Ellis, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic review 
under 49 CFR 1105.8(b).
    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 transaction. 
Petitions for stay must be filed no later than May 31, 2017 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36118, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on John E. Taylor, Taylor Law Firm, LLC, 4820 
East 57th St., Suite B, Sioux Falls, SD 57108.
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: May 19, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-10653 Filed 5-23-17; 8:45 am]
BILLING CODE 4915-01-P



                                                    23974                        Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices

                                                       If you have access to the Internet you               eqt/trade/caftadr/index.htm and https://                   The transaction may be consummated
                                                    can view and comment on this notice by                  ustr.gov/issue-areas/environment/                       on June 7, 2017, the effective date of the
                                                    going to: http://www.regulations.gov/                   bilateral-and-regional-trade-                           exemption (30 days after the exemption
                                                    #!home and searching for docket                         agreements). Instructions on how to                     was filed).
                                                    number DOS–2017–0025.                                   submit comments are under the heading                      According to Ellis, this action is
                                                    FOR FURTHER INFORMATION CONTACT: Neal                   ADDRESSES.                                              categorically excluded from
                                                    Morris, (202) 647–9312, or Laura Buffo,                    In preparing comments, we encourage                  environmental review under 49 CFR
                                                    (202) 395–9424                                          submitters to refer to:                                 1105.6(c) and from historic review
                                                    SUPPLEMENTARY INFORMATION: Article                      • Chapter 17 of the CAFTA-DR and                        under 49 CFR 1105.8(b).
                                                    17.5 of the CAFTA-DR establishes an                     • The ECA                                                  If the verified notice contains false or
                                                                                                            These documents are available at:                       misleading information, the exemption
                                                    Environmental Affairs Council (the
                                                                                                            http://www.state.gov/e/oes/eqt/trade/                   is void ab initio. Petitions to revoke the
                                                    Council) and, unless the CAFTA-DR
                                                                                                            caftadr/index.htm and https://ustr.gov/                 exemption under 49 U.S.C. 10502(d)
                                                    parties otherwise agree, requires it to
                                                                                                            issue-areas/environment/bilateral-and-                  may be filed at any time. The filing of
                                                    meet annually to oversee the
                                                                                                            regional-trade-agreements. Visit http://                a petition to revoke will not
                                                    implementation of, and review progress
                                                                                                            www.state.gov and the USTR Web site at                  automatically stay the transaction.
                                                    under, Chapter 17. Article 17.5 further
                                                                                                            www.ustr.gov for more information.                      Petitions for stay must be filed no later
                                                    requires, unless the parties otherwise
                                                                                                                                                                    than May 31, 2017 (at least seven days
                                                    agree, that each meeting of the Council                   Dated: May 18, 2017.
                                                                                                                                                                    before the exemption becomes
                                                    includes a session in which members of                  Barton Putney,
                                                                                                                                                                    effective).
                                                    the Council have an opportunity to meet                 Director, Office of Environmental Quality and              An original and 10 copies of all
                                                    with the public to discuss matters                      Transboundary Issues, Department of State.
                                                                                                                                                                    pleadings, referring to Docket No. FD
                                                    relating to the implementation of                       [FR Doc. 2017–10659 Filed 5–23–17; 8:45 am]
                                                                                                                                                                    36118, must be filed with the Surface
                                                    Chapter 17.                                             BILLING CODE 4710–09–P                                  Transportation Board, 395 E Street SW.,
                                                       On June 21, the Council will meet in
                                                                                                                                                                    Washington, DC 20423–0001. In
                                                    a government-to-government session to
                                                                                                                                                                    addition, one copy of each pleading
                                                    (1) review any challenges parties are                   SURFACE TRANSPORTATION BOARD                            must be served on John E. Taylor,
                                                    facing in meeting their environment
                                                                                                            [Docket No. FD 36118]                                   Taylor Law Firm, LLC, 4820 East 57th
                                                    chapter obligations, (2) highlight
                                                                                                                                                                    St., Suite B, Sioux Falls, SD 57108.
                                                    environmental achievements in the past                                                                             Board decisions and notices are
                                                                                                            Ellis & Eastern Company—Acquisition
                                                    year and share related lessons learned                                                                          available on our Web site at
                                                                                                            and Operation Exemption—E&ER
                                                    and best practices; (3) review ongoing                                                                          WWW.STB.GOV.
                                                                                                            Company
                                                    work under the environmental
                                                    cooperation program; and (4) hear a                        Ellis & Eastern Company (Ellis), a                     Decided: May 19, 2017.
                                                    report from the CAFTA-DR Secretariat                    Class III rail carrier, has filed a verified              By the Board, Rachel D. Campbell,
                                                    for Environmental Matters on the status                 notice of exemption under 49 CFR                        Director, Office of Proceedings.
                                                    of the public submissions process.                      1150.41 to acquire from E&ER Company                    Jeffrey Herzig,
                                                       On June 22, the Council invites all                  (E&ER) and operate approximately 7.6                    Clearance Clerk.
                                                    interested persons to attend a public                   miles of rail line, between                             [FR Doc. 2017–10653 Filed 5–23–17; 8:45 am]
                                                    session about Chapter 17                                approximately milepost 41.4, near                       BILLING CODE 4915–01–P
                                                    implementation, beginning at 10:00 a.m.                 Manley, Minn., and milepost 49.0, in or
                                                    at the Costa Rica Marriott Hotel. At the                near Brandon, S.D., in Rock County,
                                                    session, the Council will welcome                       Minn., and Minnehaha County, S.D. (the                  SURFACE TRANSPORTATION BOARD
                                                    questions, input, and information about                 Line).1 According to Ellis, the Line is in              [Docket No. FD 36119]
                                                    challenges and achievements in                          poor repair and in need of
                                                    implementation of the Chapter and the                   rehabilitation, and has not been                        Ellis & Eastern Company—Operation
                                                    related Environmental Cooperation                       operated over since at least 1994, when                 Exemption—Buffalo Ridge Regional
                                                    Agreement (ECA). Environmental                          E&ER acquired the Line.                                 Railroad Authority
                                                    Cooperation Program implementers also                      According to Ellis, it has reached an
                                                    will be on site to answer questions and                 agreement with E&ER to acquire the                         Ellis & Eastern Company (Ellis), a
                                                    provide more information about their                    trackage, right-of-way, and real property               Class III rail carrier, has filed a verified
                                                    particular projects and programs. If you                interests of the line owned by E&ER.                    notice of exemption under 49 CFR
                                                    would like to attend the public session,                Ellis also states that the proposed                     1150.41 to lease and operate
                                                    please notify Neal Morris and Laura                     transaction does not involve any                        approximately 41.44 miles of rail line
                                                    Buffo at the email addresses listed                     provision that may limit future                         from Buffalo Ridge Regional Railroad
                                                    under the heading ADDRESSES. Please                     interchange of traffic with any third-                  Authority (BRRRA). The rail line
                                                    include your full name and identify any                 party carrier.                                          extends from approximately milepost
                                                    organization or group you represent.                       Ellis certifies that the projected                   0.0, at the intersection with the main
                                                    The Department of State and Office of                   annual revenues as a result of this                     line of Union Pacific Railroad Company,
                                                    the United States Trade Representative                  transaction will not result in its                      at Agate, Minn., and milepost 41.44, at
                                                    also invite written comments or                         becoming a Class II or Class I rail carrier             the intersection with the center line of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    suggestions to be submitted before June                 and will not exceed $5 million.                         the main track of BNSF Railway
                                                    8, 2017, regarding topics to be discussed                                                                       Company, near Manley, Minn., in
                                                                                                               1 This transaction is related to a concurrently
                                                    at the Council meeting. In preparing                                                                            Nobles and Rock Counties, Minn. (the
                                                                                                            filed verified notice of exemption in Ellis & Eastern
                                                    comments, we encourage submitters to                    Co.—Operation Exemption—Buffalo Ridge Regional
                                                                                                                                                                    Line).1
                                                    refer to Chapter 17 of the CAFTA-DR                     Railroad Authority, Docket No. FD 36119, wherein
                                                                                                                                                                       1 This transaction is related to a concurrently
                                                    and the CAFTA-DR Environmental                          Ellis seeks to lease and operate approximately 41.44
                                                                                                            miles of Buffalo Ridge Regional Railroad’s rail line    filed verified notice of exemption in Ellis & Eastern
                                                    Cooperation Agreement (documents                        between approximately milepost 0.0 at Agate,            Co.—Acquisition & Operation Exemption—E & ER
                                                    available at http://www.state.gov/e/oes/                Minn., and milepost 41.44 near Manley, Minn.            Co., Docket No. FD 36118, wherein Ellis seeks to



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Document Created: 2017-05-24 01:02:41
Document Modified: 2017-05-24 01:02:41
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 Citation82 FR 23974 

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