82 FR 27756 - The Athens Line, LLC-Acquisition and Operation Exemption-Rail Line of Norfolk Southern Railway Company and Central of Georgia Railroad Company

SURFACE TRANSPORTATION BOARD

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

Page Range		27756-27757
FR Document		2017-12560

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

[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Notices]
[Pages 27756-27757]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12560]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36122]


The Athens Line, LLC--Acquisition and Operation Exemption--Rail 
Line of Norfolk Southern Railway Company and Central of Georgia 
Railroad Company

    The Athens Line, LLC (Athens), a Class III rail carrier, has filed 
a verified notice of exemption under 49 CFR 1150.41 to acquire from 
Central of Georgia Railroad Company (CGA) and CGA's parent company, 
Norfolk Southern Railway Company (NSR), and to operate, approximately 
38 miles of adjoining rail lines pursuant to a purchase and sale 
agreement. The lines extend (1) between CGA milepost F-75.5 at Madison, 
Ga., and CGA milepost F-106.3 at Athens, Ga.,\1\ and (2) between NSR 
milepost NE-39.1 at Athens and NSR milepost NE-32.0 at a point 
designated as Junior State, Ga.\2\
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    \1\ CGA was authorized to discontinue service over a 16-mile 
portion of the line between milepost F-75.5 near Madison and 
milepost F-91.5 at Bishop, Ga., in 1988. Cent. of Ga. R.R.--
Discontinuance Exemption--Operations Between Madison & Bishop, Ga., 
AB 290 (Sub-No. 37X) (ICC served Nov. 3, 1988). Athens states that 
it intends to rehabilitate the line between those mileposts, and 
that if required, it will seek authority to reactivate service over 
such tracks.
    \2\ Athens was authorized to acquire by lease and to operate the 
lines in 2001, see The Athens Lines, LLC--Lease & Operation 
Exemption--Norfolk Southern Railway, FD 34118 (STB served Dec. 27, 
2001).

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[[Page 27757]]

    Athens states that the proposed transaction does not involve any 
provision or agreement that may limit future interchange commitments. 
Athens certifies that its projected annual revenues would not exceed 
those that would qualify it as a Class III rail carrier and that its 
projected annual revenues will not exceed $5 million.
    The transaction may be consummated on or after June 30, 2017, the 
effective date of the exemption (30 days after the verified notice was 
filed).
    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 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 36122, 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 applicant's representative, Richard H. 
Streeter, Law Office of Richard H. Streeter, 5255 Partridge Lane NW., 
Washington, DC 20016.
    According to Athens, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    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.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2017-12560 Filed 6-15-17; 8:45 am]
BILLING CODE 4915-01-P

27756 Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Notices

effective date of the exemption (30 days SURFACE TRANSPORTATION BOARD exemption under 49 U.S.C. 10502(d)
after the verified notice was filed).2 may be filed at any time. The filing of
[Docket No. FD 36124]
Burenga represents that: (1) The rail a petition to revoke will not
lines to be operated by DRRR do not Dover and Rockaway River Railroad, automatically stay the effectiveness of
connect with any other railroads that LLC—Operation Exemption—County the exemption. Petitions to stay must be
of Morris, NJ. filed no later than June 23, 2017 (at least
Burenga may be deemed to control; (2)
seven days before the exemption
the control of DRRR is not part of a Dover and Rockaway River Railroad, becomes effective).
series of anticipated transactions that LLC (DRRR), a noncarrier, has filed a An original and 10 copies of all
would connect the lines to be operated verified notice of exemption under 49 pleadings, referring to Docket No. FD
by DRRR with the rail lines of any CFR 1150.31 to operate pursuant to an 36124, must be filed with the Surface
carrier that Burenga may be deemed to agreement a total of approximately 17.4 Transportation Board, 395 E Street SW.,
control; and (3) the transaction does not miles of rail line owned by several Washington, DC 20423–0001. In
involve a Class I rail carrier. Therefore, railroads (the Dover & Rockaway addition, a copy must be served on Eric
the transaction is exempt from the prior Railroad, the High Bridge Branch M. Hocky, Clark Hill, PLC, One
approval requirements of 49 U.S.C. Railroad, and the Chester Branch Commerce Square, 2005 Market Street,
11323. See 49 CFR 1180.2(d)(2). Railroad) (collectively, the County Suite 1000, Philadelphia, PA 19103.
Railroads), which are all owned by the Board decisions and notices are
Under 49 U.S.C. 10502(g), the Board
County of Morris, NJ (the County). The available on our Web site at
may not use its exemption authority to
lines at issue are as follows: (1) Chester WWW.STB.GOV.
relieve a rail carrier of its statutory Branch, between milepost 41.4 at
obligation to protect the interests of its Chester Junction, in Roxbury Township, Decided: June 13, 2017.
employees. Section 11326(c), however, NJ, and milepost 45.4 in Randolph, NJ; By the Board, Rachel D. Campbell,
does not provide for labor protection for (2) High Bridge Branch, between Director, Office of Proceedings.
transactions under §§ 11324 and 11325 milepost 22.66 at Ferremonte Junction, Kenyatta Clay,
that involve only Class III rail carriers. in Roxbury Township and milepost 15.2 Clearance Clerk.
Accordingly, the Board may not impose in Flanders, NJ, and (3) Dover & [FR Doc. 2017–12535 Filed 6–15–17; 8:45 am]
labor protective conditions here because Rockaway Branch, between milepost BILLING CODE 4915–01–P
all of the carriers involved are Class III 25.7 at D&R Junction in Wharton, NJ,
carriers. and milepost 31.6 in Rockaway, NJ.
If the notice contains false or This transaction is related to a SURFACE TRANSPORTATION BOARD
concurrently filed verified notice of
misleading information, the exemption [Docket No. FD 36122]
exemption in Kean Burenga—
is void ab initio. Petitions to revoke the
Continuance in Control Exemption—
exemption under 49 U.S.C. 10502(d) Dover & Rockaway River Railroad, The Athens Line, LLC—Acquisition
may be filed at any time. The filing of Belvidere & Delaware River Railway, & and Operation Exemption—Rail Line of
a petition to revoke will not Black River & Western Corp., Docket No. Norfolk Southern Railway Company
automatically stay the effectiveness of FD 36125, in which Kean Burenga and Central of Georgia Railroad
the exemption. Stay petitions must be (Burenga) seeks Board approval to Company
filed no later than June 23, 2017 (at least continue in control of DRRR upon The Athens Line, LLC (Athens), a
seven days before the exemption DRRR’s becoming a Class III rail carrier. Class III rail carrier, has filed a verified
becomes effective). DRRR states that it will interchange notice of exemption under 49 CFR
An original and 10 copies of all with Norfolk Southern Railway 1150.41 to acquire from Central of
pleadings, referring to Docket No. FD Company at Chester Jct. (also known as Georgia Railroad Company (CGA) and
36125, must be filed with the Surface Lake Jct.) and D&R Jct. The rail lines are CGA’s parent company, Norfolk
Transportation Board, 395 E Street SW., currently managed and operated by Southern Railway Company (NSR), and
Morristown & Erie Railway, Inc. (ME). to operate, approximately 38 miles of
Washington, DC 20423–0001. In
According to DRRR, ME’s lease will adjoining rail lines pursuant to a
addition, one copy of each pleading
expire on June 30, 2017.1 purchase and sale agreement. The lines
must be served on Eric M. Hocky, Clark The transaction may be consummated
Hill, PLC, One Commerce Square, 2005 extend (1) between CGA milepost F–
on or after July 2, 2017, the effective
Market Street, Suite 1000, Philadelphia, 75.5 at Madison, Ga., and CGA milepost
date of the exemption (30 days after the
PA 19103. F–106.3 at Athens, Ga.,1 and (2)
verified notice was filed).2
DRRR certifies that, as a result of this between NSR milepost NE–39.1 at
Board decisions and notices are Athens and NSR milepost NE–32.0 at a
available on our Web site at transaction, its projected revenues will
not exceed those that would qualify it point designated as Junior State, Ga.2
WWW.STB.GOV.
as a Class III rail carrier and will not
Decided: June 13, 2017. 1 CGA was authorized to discontinue service over
exceed $5 million. DRRR certifies also
By the Board, Rachel D. Campbell, a 16-mile portion of the line between milepost F–
that the agreement does not involve an 75.5 near Madison and milepost F–91.5 at Bishop,
Director, Office of Proceedings. interchange commitment. Ga., in 1988. Cent. of Ga. R.R.—Discontinuance
Kenyatta Clay, If the verified notice contains false or Exemption—Operations Between Madison &
misleading information, the exemption Bishop, Ga., AB 290 (Sub-No. 37X) (ICC served Nov.
sradovich on DSK3GMQ082PROD with NOTICES

Clearance Clerk. 3, 1988). Athens states that it intends to rehabilitate
[FR Doc. 2017–12534 Filed 6–15–17; 8:45 am] is void ab initio. Petitions to revoke the the line between those mileposts, and that if
BILLING CODE 4915–01–P
required, it will seek authority to reactivate service
1 To date, ME has not sought authority to over such tracks.
discontinue service. 2 Athens was authorized to acquire by lease and
2 On June 5, 2017, DRRR and Burenga jointly 2 On June 5, 2017, DRRR and Burenga jointly to operate the lines in 2001, see The Athens Lines,
requested that the effective date of the exemption requested that the effective date of the exemption LLC—Lease & Operation Exemption—Norfolk
be advanced one day, to July 1, 2017. This request be advanced one day, to July 1, 2017. This request Southern Railway, FD 34118 (STB served Dec. 27,
will be addressed in a separate decision. will be addressed in a separate decision. 2001).

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Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Notices 27757

Athens states that the proposed Exemption—Piedmont Railway, Docket Board decisions and notices are
transaction does not involve any No. FD 36120. In that proceeding, available on our Web site at
provision or agreement that may limit PDMT seeks an exemption under 49 WWW.STB.GOV.
future interchange commitments. CFR 1150.31 to assume operations over Decided: June 13, 2017.
Athens certifies that its projected annual approximately 13.04 miles of rail line By the Board, Rachel D. Campbell,
revenues would not exceed those that between Mt. Holly and Gastonia Director, Office of Proceedings.
would qualify it as a Class III rail carrier (including the Belmont spur between Raina S. Contee.
and that its projected annual revenues Mt. Holly and Belmont), in Gaston
Clearance Clerk,
will not exceed $5 million. County, N.C.
[FR Doc. 2017–12559 Filed 6–15–17; 8:45 am]
The transaction may be consummated The earliest this transaction may be
on or after June 30, 2017, the effective BILLING CODE 4915–01–P
consummated is July 1, 2017, the
date of the exemption (30 days after the effective date of the exemption (30 days
verified notice was filed). after the verified notice was filed). PGR
If the verified notice contains false or states that it intends to consummate the DEPARTMENT OF TRANSPORTATION
misleading information, the exemption transaction on July 1, 2017.
is void ab initio. Petitions to revoke the Pipeline and Hazardous Materials
PGR will continue in control of PDMT
exemption under 49 U.S.C. 10502(d) Safety Administration
upon PDMT’s becoming a Class III rail
may be filed at any time. The filing of carrier, and remains in control of Class Hazardous Materials: Notice of
a petition to revoke will not III carriers Airlake Terminal Railway Applications for Special Permits
automatically stay the effectiveness of Company, LLC, Central Midland
the exemption. Petitions to stay must be Railway Company, Iowa Traction AGENCY: Pipeline and Hazardous
filed no later than June 23, 2017 (at least Railway Company, and Iowa Southern Materials Safety Administration
seven days before the exemption Railway Company. (PHMSA), DOT.
becomes effective). PGR certifies that: (1) The rail line to ACTION: Notice of actions on special
An original and 10 copies of all be operated by PDMT does not connect permit applications.
pleadings, referring to Docket No. FD with any other railroads in the PGR
36122, must be filed with the Surface corporate family; (2) the continuance in SUMMARY: In accordance with the
Transportation Board, 395 E Street SW., control is not part of a series of procedures governing the application
Washington, DC 20423–0001. In anticipated transactions that would for, and the processing of, special
addition, a copy of each pleading must connect this line with any other railroad permits from the Department of
be served on applicant’s representative, in the PGR corporate family; and (3) the Transportation’s Hazardous Material
Richard H. Streeter, Law Office of transaction does not involve a Class I Regulations, notice is hereby given that
Richard H. Streeter, 5255 Partridge Lane rail carrier. Therefore, the transaction is the Office of Hazardous Materials Safety
NW., Washington, DC 20016. exempt from the prior approval has received the application described
According to Athens, this action is requirements of 49 U.S.C. 11323. See 49 herein. Each mode of transportation for
categorically excluded from CFR 1180.2(d)(2). which a particular special permit is
environmental review under 49 CFR Under 49 U.S.C. 10502(g), the Board requested is indicated by a number in
1105.6(c). may not use its exemption authority to the ‘‘Nature of Application’’ portion of
Board decisions and notices are relieve a rail carrier of its statutory the table below as follows: 1—Motor
available on our Web site at obligation to protect the interests of its vehicle, 2—Rail freight, 3—Cargo vessel,
WWW.STB.GOV. employees. Section 11326(c), however, 4—Cargo aircraft only, 5—Passenger-
does not provide for labor protection for carrying aircraft.
Decided: June 13, 2017.
transactions under 11324 and 11325 DATES: Comments must be received on
By the Board, Rachel D. Campbell,
Director, Office of Proceedings. that involve only Class III rail carriers. or before July 17, 2017.
Raina S. Contee, Accordingly, the Board may not impose ADDRESSES: Send comments to—Record
Clearance Clerk. labor protective conditions here because Center, Pipeline and Hazardous
all of the carriers involved are Class III Materials Safety Administration, U.S.
[FR Doc. 2017–12560 Filed 6–15–17; 8:45 am]
carriers. Department of Transportation,
BILLING CODE 4915–01–P
If the notice contains false or Washington, DC 20590.
misleading information, the exemption Comments should refer to the
is void ab initio. Petitions to revoke the application number and be submitted in
SURFACE TRANSPORTATION BOARD
exemption under 49 U.S.C. 10502(d) triplicate. If confirmation of receipt of
[Docket No. FD 36121] may be filed at any time. The filing of comments is desired, include a self-
a petition to revoke will not addressed stamped postcard showing
Progressive Rail Incorporated— the special permit number.
automatically stay the effectiveness of
Continuance in Control Exemption— FOR FURTHER INFORMATION CONTACT:
the exemption. Petitions for stay must
Piedmont and Northern Railroad LLC Ryan Paquet, Director, Office of
be filed no later than June 23, 2017 (at
Progressive Rail Incorporated (PGR), a least 7 days before the exemption Hazardous Materials Approvals and
Class III rail carrier, has filed a verified becomes effective). Permits Division, Pipeline and
notice of exemption under 49 CFR An original and 10 copies of all Hazardous Materials Safety
1180.2(d)(2) to continue in control of pleadings, referring to Docket No. FD Administration, U.S. Department of
sradovich on DSK3GMQ082PROD with NOTICES

Piedmont and Northern Railroad LLC 36121, must be filed with the Surface Transportation, East Building, PHH–30,
(PDMT), upon PDMT’s becoming a Class Transportation Board, 395 E Street SW., 1200 New Jersey Avenue SE.,
III rail carrier. Washington, DC 20423–0001. In Washington, DC 20590–0001, (202) 366–
This transaction is related to a addition, one copy of each pleading 4535.
concurrently filed verified notice of must be served on Michael J. Barron, Jr., SUPPLEMENTARY INFORMATION: Copies of
exemption in Piedmont & Northern Fletcher & Sippel LLC, 29 North Wacker the applications are available for
Railroad—Change in Operator Drive, Suite 920, Chicago, IL 60606. inspection in the Records Center, East

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Document Created: 2017-06-16 00:52:33
Document Modified: 2017-06-16 00:52:33

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 27756