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)

[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