82 FR 27757 - Progressive Rail Incorporated-Continuance in Control Exemption-Piedmont and Northern Railroad LLC

SURFACE TRANSPORTATION BOARD

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

Page Range		27757-27757
FR Document		2017-12559

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

[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Notices]
[Page 27757]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12559]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36121]


Progressive Rail Incorporated--Continuance in Control Exemption--
Piedmont and Northern Railroad LLC

    Progressive Rail Incorporated (PGR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to 
continue in control of Piedmont and Northern Railroad LLC (PDMT), upon 
PDMT's becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Piedmont & Northern Railroad--Change in Operator 
Exemption--Piedmont Railway, Docket No. FD 36120. In that proceeding, 
PDMT seeks an exemption under 49 CFR 1150.31 to assume operations over 
approximately 13.04 miles of rail line between Mt. Holly and Gastonia 
(including the Belmont spur between Mt. Holly and Belmont), in Gaston 
County, N.C.
    The earliest this transaction may be consummated is July 1, 2017, 
the effective date of the exemption (30 days after the verified notice 
was filed). PGR states that it intends to consummate the transaction on 
July 1, 2017.
    PGR will continue in control of PDMT upon PDMT's becoming a Class 
III rail carrier, and remains in control of Class III carriers Airlake 
Terminal Railway Company, LLC, Central Midland Railway Company, Iowa 
Traction Railway Company, and Iowa Southern Railway Company.
    PGR certifies that: (1) The rail line to be operated by PDMT does 
not connect with any other railroads in the PGR corporate family; (2) 
the continuance in control is not part of a series of anticipated 
transactions that would connect this line with any other railroad in 
the PGR corporate family; and (3) the transaction does not involve a 
Class I rail 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 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 
7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36121, 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.
Raina S. Contee.
Clearance Clerk,
[FR Doc. 2017-12559 Filed 6-15-17; 8:45 am]
 BILLING CODE 4915-01-P

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 00:51:54
Document Modified: 2017-06-16 00:51:54

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 27757