83 FR 23325 - Progressive Rail Incorporated-Continuance in Control Exemption-Chicago Junction Railway Company, LLC

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 97 (May 18, 2018)

Page Range		23325-23325
FR Document		2018-10666

Federal Register, Volume 83 Issue 97 (Friday, May 18, 2018)

[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Page 23325]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10666]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36194]


Progressive Rail Incorporated--Continuance in Control Exemption--
Chicago Junction Railway Company, 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 Chicago Junction Railway Company, LLC (CJR), 
upon CJR's becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Chicago Junction Railway--Change in Operators Exemption 
Including Interchange Commitment--Chicago Terminal Railroad, Docket No. 
FD 36193. In that proceeding, CJR seeks an exemption under 49 CFR 
1150.31 to assume operations over approximately 25 miles of rail line 
owned by Union Pacific Railroad Company in the Centex Industrial Park 
and 11,500 feet of track in the adjacent Elk Grove Yard in Elk Grove 
Village, Ill.
    The earliest this transaction may be consummated is June 1, 2018, 
the effective date of the exemption (30 days after the verified notice 
was filed). PGR states that it intends to consummate the transaction on 
June 1, 2018.
    According to PGR, it owns or operates rail lines in Minnesota, 
Wisconsin, and Illinois. PGR states that it also controls five Class 
III railroads that operate in Minnesota, Missouri, Iowa, and North 
Carolina: Airlake Terminal Railway Company, LLC; Central Midland 
Railway Company; Iowa Traction Railway Company; Iowa Southern Railway 
Company; and Piedmont & Northern Railroad LLC. PGR further states it 
already owns and controls CJR, currently a noncarrier. PGR proposes to 
continue in control of CJR and its existing rail carrier subsidiaries 
once CJR acquires the authority to lease the rail line in Elk Grove 
Village and becomes a Class III carrier.
    PGR represents that: (1) The rail line to be operated by CJR 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 sections 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 May 25, 2018 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36194, 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 Audrey L. Brodrick, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    According to the Parties, this action is categorically excluded 
from environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: May 15, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-10666 Filed 5-17-18; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices 23325

has agreed to grant temporary overhead Market Street, Suite 1000, Philadelphia, PGR represents that: (1) The rail line
trackage rights to Wilmington Terminal PA 19103. to be operated by CJR does not connect
Railroad, Limited Partnership (WTRY), Board decisions and notices are with any other railroads in the PGR
over CSXT’s line between the Port of available on our website at corporate family; (2) the continuance in
Wilmington in Wilmington, NC, at WWW.STB.GOV. control is not part of a series of
CSXT milepost ACB 249.74 and the Decided: May 14, 2018. anticipated transactions that would
switch at CSXT milepost ACB 243.96, By the Board, Scott M. Zimmerman, Acting connect this line with any other railroad
and between the switch at CSXT Director, Office of Proceedings. in the PGR corporate family; and (3) the
milepost ACB 243.96 and the switch at Brendetta Jones, transaction does not involve a Class I
CSXT’s Davis Yard in Navassa, NC, at rail carrier. Therefore, the transaction is
Clearance Clerk.
CSXT milepost SE 359.79, a distance of exempt from the prior approval
[FR Doc. 2018–10591 Filed 5–17–18; 8:45 am]
approximately 10.0 miles. requirements of 49 U.S.C. 11323. See 49
BILLING CODE 4915–01–P
WTRY states that it intends to CFR 1180.2(d)(2).
commence operations under the
trackage rights agreement on or after the Under 49 U.S.C. 10502(g), the Board
SURFACE TRANSPORTATION BOARD may not use its exemption authority to
effective date of this notice. The
transaction may be consummated on or [Docket No. FD 36194] relieve a rail carrier of its statutory
after June 3, 2018, the effective date of obligation to protect the interests of its
the exemption (30 days after the verified Progressive Rail Incorporated— employees. Section 11326(c), however,
notice of exemption was filed). The Continuance in Control Exemption— does not provide for labor protection for
purpose of the trackage rights is to allow Chicago Junction Railway Company, transactions under sections 11324 and
WTRY to bridge loaded and empty LLC 11325 that involve only Class III rail
trains containing containers or trailers Progressive Rail Incorporated (PGR), a carriers. Accordingly, the Board may not
in intermodal service in connection Class III rail carrier, has filed a verified impose labor protective conditions here
with CSXT’s ‘‘Queen City Express’’ notice of exemption under 49 CFR because all of the carriers involved are
service. Pursuant to the trackage rights 1180.2(d)(2) to continue in control of Class III carriers.
agreement, the temporary trackage rights Chicago Junction Railway Company, If the notice contains false or
will expire twelve months after the LLC (CJR), upon CJR’s becoming a Class
effective date of the exemption, unless misleading information, the exemption
III rail carrier. is void ab initio. Petitions to revoke the
terminated earlier. This transaction is related to a
As a condition to this exemption, any exemption under 49 U.S.C. 10502(d)
concurrently filed verified notice of
employees affected by the acquisition of may be filed at any time. The filing of
exemption in Chicago Junction
the temporary trackage rights will be a petition to revoke will not
Railway—Change in Operators
protected by the conditions imposed in automatically stay the effectiveness of
Exemption Including Interchange
Norfolk & Western Railway—Trackage Commitment—Chicago Terminal the exemption. Petitions for stay must
Rights—Burlington Northern, Inc., 354 Railroad, Docket No. FD 36193. In that be filed no later than May 25, 2018 (at
I.C.C. 605 (1978), as modified in proceeding, CJR seeks an exemption least seven days before the exemption
Mendocino Coast Railway—Lease & under 49 CFR 1150.31 to assume becomes effective).
Operate—California Western Railroad, operations over approximately 25 miles An original and 10 copies of all
360 I.C.C. 653 (1980), and any of rail line owned by Union Pacific pleadings, referring to Docket No. FD
employees affected by the Railroad Company in the Centex 36194, must be filed with the Surface
discontinuance of those trackage rights Industrial Park and 11,500 feet of track Transportation Board, 395 E Street SW,
will be protected by the conditions set in the adjacent Elk Grove Yard in Elk Washington, DC 20423–0001. In
out in Oregon Short Line Railroad— Grove Village, Ill. addition, one copy of each pleading
Abandonment Portion Goshen Branch The earliest this transaction may be must be served on Audrey L. Brodrick,
Between Firth & Ammon, in Bingham & consummated is June 1, 2018, the Fletcher & Sippel LLC, 29 North Wacker
Bonneville Counties, Idaho, 360 I.C.C. effective date of the exemption (30 days Drive, Suite 920, Chicago, IL 60606–
91 (1979). after the verified notice was filed). PGR 2832.
This notice is filed under 49 CFR states that it intends to consummate the
1180.2(d)(8). If the verified notice transaction on June 1, 2018. According to the Parties, this action is
contains false or misleading According to PGR, it owns or operates categorically excluded from
information, the exemption is void ab rail lines in Minnesota, Wisconsin, and environmental review under 49 CFR
initio. Petitions to revoke the exemption Illinois. PGR states that it also controls 1105.6(c).
under 49 U.S.C. 10502(d) may be filed five Class III railroads that operate in Board decisions and notices are
at any time. The filing of a petition to Minnesota, Missouri, Iowa, and North available on our website at
revoke will not automatically stay the Carolina: Airlake Terminal Railway WWW.STB.GOV.
effectiveness of the exemption. Petitions Company, LLC; Central Midland
for stay must be filed no later than May Railway Company; Iowa Traction Decided: May 15, 2018.
25, 2018 (at least seven days before the Railway Company; Iowa Southern By the Board, Scott M. Zimmerman, Acting
exemption becomes effective). Railway Company; and Piedmont & Director, Office of Proceedings.
An original and 10 copies of all Northern Railroad LLC. PGR further Jeffrey Herzig,
daltland on DSKBBV9HB2PROD with NOTICES

pleadings, referring to Docket No. FD states it already owns and controls CJR, Clearance Clerk.
36188, must be filed with the Surface currently a noncarrier. PGR proposes to [FR Doc. 2018–10666 Filed 5–17–18; 8:45 am]
Transportation Board, 395 E Street SW, continue in control of CJR and its
BILLING CODE 4915–01–P
Washington, DC 20423–0001. In existing rail carrier subsidiaries once
addition, a copy of each pleading must CJR acquires the authority to lease the
be served on Eric M. Hocky, Clark Hill, rail line in Elk Grove Village and
PLC, One Commerce Square, 2005 becomes a Class III carrier.

VerDate Sep<11>2014 16:38 May 17, 2018 Jkt 244001 PO 00000 Frm 00074 Fmt 4703 Sfmt 9990 E:\FR\FM\18MYN1.SGM 18MYN1

Document Created: 2018-05-18 02:15:35
Document Modified: 2018-05-18 02:15:35

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		83 FR 23325