82_FR_27870 82 FR 27755 - Piedmont and Northern Railroad LLC-Change in Operator Exemption-Piedmont Railway, LLC

82 FR 27755 - Piedmont and Northern Railroad LLC-Change in Operator Exemption-Piedmont Railway, LLC

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 115 (June 16, 2017)

Page Range27755-27755
FR Document2017-12558

Federal Register, Volume 82 Issue 115 (Friday, June 16, 2017)
[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Notices]
[Page 27755]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12558]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36120]


Piedmont and Northern Railroad LLC--Change in Operator 
Exemption--Piedmont Railway, LLC

    Piedmont and Northern Railroad LLC (PDMT), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to assume 
operations over approximately 13.04 miles of rail line (the Line) owned 
by the North Carolina Department of Transportation (NCDOT), a 
noncarrier, between Mt. Holly (milepost SFC 11.39) and Gastonia 
(milepost SFC 23.0), including the Belmont spur between Mt. Holly 
(milepost SFC 13.6/SFF 0.13) and Belmont (milepost SFF 1.56), in Gaston 
County, N.C. The verified notice indicates that the Line is currently 
operated by Piedmont & Northern Railway, Inc., (PNRW) and that, as a 
result of this transaction, PDMT will become a Class III carrier and 
replace PNRW as the Line's exclusive operator. PDMT states that PNRW is 
voluntarily terminating its operations of the Line upon expiration of 
its agreement with NCDOT and that it does not object to the proposed 
change in operators. PDMT states that operations will be pursuant to a 
Railroad License and Operating Agreement (Agreement) dated May 10, 
2017, between NCDOT and Progressive Rail Incorporated (PGR), a Class 
III rail carrier, which will assign the Agreement to PDMT. PDMT is a 
wholly owned subsidiary of PGR.\1\
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    \1\ The verified notice indicates that the Agreement does not 
allow NCDOT to exercise undue control over or interfere with PDMT's 
operations or ability to provide common carrier service.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Progressive Rail Inc.--Continuance in Control 
Exemption--Piedmont & Northern Railroad, Docket No. FD 36121, in which 
PGR seeks to continue in control of PDMT upon PDMT's becoming a Class 
III rail carrier.
    PDMT certifies that the Agreement does not include any provision or 
agreement that would limit future interchange with a third-party 
connecting carrier. PDMT certifies that its projected annual revenues 
as a result of this transaction will not exceed those that would result 
in the creation of a Class II or Class I rail carrier and further 
certifies that its projected annual revenues will not exceed $5 
million. Under 49 CFR 1150.32(b), a change in operator requires that 
notice be given to shippers. PDMT certifies that notice of the change 
in operator was served on the one shipper on the Line.
    The earliest this transaction may be consummated is July 1, 2017, 
the effective date of the exemption.
    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 no later than June 23, 2017 
(at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36120, 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 Michael J. Barron, Jr., 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.GOV.

    Decided: June 13, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Clearance Clerk,
Raina S. Contee.
[FR Doc. 2017-12558 Filed 6-15-17; 8:45 am]
 BILLING CODE 4915-01-P



                                                                                Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Notices                                                    27755

                                                DEPARTMENT OF STATE                                     a noncarrier, between Mt. Holly                          An original and 10 copies of all
                                                                                                        (milepost SFC 11.39) and Gastonia                      pleadings, referring to Docket No. FD
                                                [Public Notice: 10039]                                  (milepost SFC 23.0), including the                     36120, must be filed with the Surface
                                                Notice of Receipt of Request From                       Belmont spur between Mt. Holly                         Transportation Board, 395 E Street SW.,
                                                Libya Under Article 9 of the 1970                       (milepost SFC 13.6/SFF 0.13) and                       Washington, DC 20423–0001. In
                                                UNESCO Convention on the Means of                       Belmont (milepost SFF 1.56), in Gaston                 addition, one copy of each pleading
                                                Prohibiting and Preventing the Illicit                  County, N.C. The verified notice                       must be served on Michael J. Barron, Jr.,
                                                Import, Export and Transfer of                          indicates that the Line is currently                   Fletcher & Sippel LLC, 29 North Wacker
                                                Ownership of Cultural Property                          operated by Piedmont & Northern                        Drive, Suite 920, Chicago, IL 60606.
                                                                                                        Railway, Inc., (PNRW) and that, as a                     Board decisions and notices are
                                                AGENCY:   Department of State.                          result of this transaction, PDMT will                  available on our Web site at
                                                ACTION:   Notice.                                       become a Class III carrier and replace                 WWW.STB.GOV.
                                                                                                        PNRW as the Line’s exclusive operator.                   Decided: June 13, 2017.
                                                  The Government of Libya has made a                    PDMT states that PNRW is voluntarily                     By the Board, Rachel D. Campbell,
                                                request to the Government of the United                 terminating its operations of the Line                 Director, Office of Proceedings.
                                                States under Article 9 of the 1970                      upon expiration of its agreement with                  Clearance Clerk,
                                                UNESCO Convention on the Means of                       NCDOT and that it does not object to the
                                                                                                                                                               Raina S. Contee.
                                                Prohibiting and Preventing the Illicit                  proposed change in operators. PDMT
                                                Import, Export and Transfer of                                                                                 [FR Doc. 2017–12558 Filed 6–15–17; 8:45 am]
                                                                                                        states that operations will be pursuant
                                                Ownership of Cultural Property. The                     to a Railroad License and Operating                    BILLING CODE 4915–01–P

                                                United States Department of State                       Agreement (Agreement) dated May 10,
                                                received this request on May 30, 2017.                  2017, between NCDOT and Progressive
                                                Libya’s request seeks U.S. import                                                                              SURFACE TRANSPORTATION BOARD
                                                                                                        Rail Incorporated (PGR), a Class III rail
                                                restrictions on archaeological and/or                   carrier, which will assign the Agreement               [Docket No. FD 36125]
                                                ethnological materials representing                     to PDMT. PDMT is a wholly owned
                                                Libya’s cultural patrimony from the                     subsidiary of PGR.1                                    Kean Burenga—Continuance in
                                                prehistoric through Ottoman Era.                           This transaction is related to a                    Control Exemption—Dover and
                                                Pursuant to the authority vested in the                 concurrently filed verified notice of                  Rockaway River Railroad, LLC,
                                                Assistant Secretary of State for                        exemption in Progressive Rail Inc.—                    Belvidere & Delaware River Railway
                                                Educational and Cultural Affairs, and                   Continuance in Control Exemption—                      Company, Inc., and Black River &
                                                pursuant to 19 U.S.C. 2602(f)(1),                       Piedmont & Northern Railroad, Docket                   Western Corp.
                                                notification of the request is hereby                   No. FD 36121, in which PGR seeks to
                                                published.                                              continue in control of PDMT upon                         Kean Burenga, a noncarrier (Burenga),
                                                                                                        PDMT’s becoming a Class III rail carrier.              has filed a verified notice of exemption
                                                FOR FURTHER INFORMATION CONTACT:                                                                               pursuant to 49 CFR 1180.2(d)(2) to
                                                Catherine Foster at 202–632–6310, or                       PDMT certifies that the Agreement
                                                                                                        does not include any provision or                      continue in control of Dover and
                                                the Cultural Heritage Center, Bureau of                                                                        Rockaway River Railroad, LLC (DRRR),
                                                Educational and Cultural Affairs: 202–                  agreement that would limit future
                                                                                                        interchange with a third-party                         upon DRRR’s becoming a Class III rail
                                                632–6301; CulProp@state.gov.                                                                                   carrier. According to Burenga, he
                                                                                                        connecting carrier. PDMT certifies that
                                                SUPPLEMENTARY INFORMATION: A public                                                                            currently controls a class III rail carrier,
                                                                                                        its projected annual revenues as a result
                                                summary of Libya’s request and                          of this transaction will not exceed those              Belvidere & Delaware River Railway
                                                information about U.S. implementation                   that would result in the creation of a                 Company, Inc. (BVDR), and possibly a
                                                of the 1970 UNESCO Convention can be                    Class II or Class I rail carrier and further           second class III rail carrier, Black River
                                                found at the Cultural Heritage Center                   certifies that its projected annual                    & Western Corp. (BRWC). Burenga states
                                                Web site: http://                                       revenues will not exceed $5 million.                   that he is a minority shareholder of
                                                culturalheritage.state.gov.                             Under 49 CFR 1150.32(b), a change in                   DRRR and BRWC and that he is filing
                                                Mark Taplin,                                            operator requires that notice be given to              this verified notice in an abundance of
                                                Acting Assistant Secretary, Bureau of                   shippers. PDMT certifies that notice of                caution to exempt his control of DRRR
                                                Educational and Cultural Affairs, Department            the change in operator was served on                   were the Board to determine that he
                                                of State.                                               the one shipper on the Line.                           controls DRRR and, if the Board were to
                                                [FR Doc. 2017–12503 Filed 6–15–17; 8:45 am]                The earliest this transaction may be                determine he controls BRWC, that entity
                                                BILLING CODE 4710–05–P                                  consummated is July 1, 2017, the                       too.1
                                                                                                        effective date of the exemption.                         This transaction is related to a
                                                                                                           If the verified notice contains false or            concurrently filed verified notice of
                                                                                                        misleading information, the exemption                  exemption in Docket No. FD 36124,
                                                SURFACE TRANSPORTATION BOARD                                                                                   Dover & Rockaway River Railroad—
                                                                                                        is void ab initio. Petitions to revoke the
                                                [Docket No. FD 36120]                                   exemption under 49 U.S.C. 10502(d)                     Operation Exemption—County of
                                                                                                        may be filed at any time. The filing of                Morris, NJ. In that proceeding, DRRR
                                                Piedmont and Northern Railroad LLC—                     a petition to revoke will not                          seeks an exemption under 49 CFR
                                                Change in Operator Exemption—                           automatically stay the effectiveness of                1150.31 from 49 U.S.C. 10901 to operate
                                                Piedmont Railway, LLC                                   the exemption. Petitions for stay must                 17.4 miles of rail lines in Morris County,
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        be filed no later than June 23, 2017 (at               NJ.
                                                   Piedmont and Northern Railroad LLC
                                                                                                        least seven days before the exemption                    The earliest this transaction can be
                                                (PDMT), a noncarrier, has filed a
                                                                                                        becomes effective).                                    consummated is July 2, 2017, the
                                                verified notice of exemption under 49
                                                CFR 1150.31 to assume operations over                     1 The verified notice indicates that the Agreement      1 The Board’s exemption authority is permissive,
                                                approximately 13.04 miles of rail line                  does not allow NCDOT to exercise undue control         and this notice does not constitute a ruling that
                                                (the Line) owned by the North Carolina                  over or interfere with PDMT’s operations or ability    Burenga controls, or needs authority to control,
                                                Department of Transportation (NCDOT),                   to provide common carrier service.                     either BRWC or DRRR.



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Document Created: 2017-06-16 00:52:23
Document Modified: 2017-06-16 00:52:23
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 27755 

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