83 FR 33971 - Buckingham Branch Railroad Company-Change in Operators Exemption-Cassatt Management, LLC d/b/a Bay Coast Railroad

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 138 (July 18, 2018)

Page Range		33971-33971
FR Document		2018-15331
Federal Register, Volume 83 Issue 138 (Wednesday, July 18, 2018)
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Notices]
[Page 33971]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15331]



[[Page 33971]]

=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36202]


Buckingham Branch Railroad Company--Change in Operators 
Exemption--Cassatt Management, LLC d/b/a Bay Coast Railroad

    Buckingham Branch Railroad Company (BB), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to assume 
operations over the following rail lines: (1) A 2.6-mile rail line, 
owned by Canonie Atlantic Co. (CAC) on behalf of the Accomack-
Northampton Transportation District Commission (ANTDC), extending 
between milepost 95.0 at Little Creek (Virginia Beach), Va., and 
milepost 97.6 at Camden Heights (Norfolk), Va. (the Little Creek Line); 
and (2) a 4.2-mile rail line owned by Norfolk Southern Railway Company 
(NSR), extending between milepost SN 6.7 at Diamond Springs (Virginia 
Beach), Va., and milepost SN 2.5 at Coleman Place (Norfolk), Va. (the 
North Beach and Diamond Springs Line) \1\ (collectively, the Lines). 
According to BB, the Lines represent two branches forming a ``Y'' with 
an overlapping convergence into the stem at Camden Heights, with 
milepost SN 2.5 at Coleman Place located west of the convergence. BB 
states that it will also utilize an additional four miles of trackage 
rights to facilitate interchange with NSR at Portlock Yard.
---------------------------------------------------------------------------

    \1\ BB states that NSR formerly leased the North Beach and 
Diamond Springs Line to another carrier, Eastern Shore Railroad. 
According to BB, no discontinuance authority is required as this is 
a change in operators.
---------------------------------------------------------------------------

    BB states that it will provide rail common carrier service to 
shippers on the Lines and that its operations will replace those of 
Cassatt Management, LLC d/b/a Bay Coast Railroad (BCR), the current 
operator.\2\ BB further states that BCR seeks to imminently cease 
operations over the Lines and does not object to the proposed change in 
operators. According to BB, BCR's ability to continue operation of the 
Lines has recently become uncertain, and recent personnel departures at 
BCR have prompted BCR to press for terminating its Norfolk-area 
operations as soon as possible.\3\ BB states it is negotiating a lease 
and operation agreement with CAC for the Little Creek Line and a lease 
agreement with NSR to operate over the North Beach and Diamond Springs 
Line.
---------------------------------------------------------------------------

    \2\ See Cassatt Mgmt. LLC--Lease & Operation Exemption--Canonie 
Atlantic Co. ex rel. Accomack-Northampton Transp. Dist. Comm'n, FD 
34818 (STB served Feb. 6, 2006).
    \3\ BB states that the circumstances here are related to those 
underlying the transaction in Delmarva Central Railroad--Change in 
Operator Exemption--Cassatt Management, LLC D/B/A Bay Coast 
Railroad, FD 36196 (STB served Jun. 8, 2018).
---------------------------------------------------------------------------

    BB states that the proposed operation of the Lines does not involve 
any provision or agreement that would limit future interchange with a 
third-party connecting carrier. BB also certifies that its projected 
annual revenues from freight operations will not result in the creation 
of a Class II or Class I rail carrier.
    Under 49 CFR 1150.42(b), a change in operators requires that notice 
be given to shippers. BB states that it has provided notice of the 
proposed change in operator to the shippers on the Lines.
    BB certifies that on June 13, 2018, it posted notice of the 
transaction at the workplace of BCR employees as required under 49 CFR 
1150.42(e). BB states that BCR employees are not represented by any 
labor union. Concurrently with its notice of exemption, BB filed a 
petition for partial waiver of the 60-day advance labor notice 
requirement under 49 CFR 1150.42(e) to allow the transaction to be 
consummated on August 1, 2018. The petition for waiver will be 
addressed in a separate decision, which will establish the earliest 
date this transaction may be consummated.
    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 July 25, 
2018.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36202, 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 BB's representative, Robert A. Wimbish, 
Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 
60606-2832.
    According to BB, this action is excluded from environmental review 
under 49 CFR 1105.6(c) and from historic preservation reporting 
requirements under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: July 13, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2018-15331 Filed 7-17-18; 8:45 am]
 BILLING CODE 4915-01-P
Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Notices 33971

SURFACE TRANSPORTATION BOARD Line and a lease agreement with NSR to OFFICE OF THE UNITED STATES
operate over the North Beach and TRADE REPRESENTATIVE
[Docket No. FD 36202]
Diamond Springs Line.
Buckingham Branch Railroad BB states that the proposed operation Fiscal Year 2019 Tariff-Rate Quota
Company—Change in Operators of the Lines does not involve any Allocations for Raw Cane Sugar,
Exemption—Cassatt Management, LLC provision or agreement that would limit Refined and Specialty Sugar and
d/b/a Bay Coast Railroad future interchange with a third-party Sugar-Containing Products
connecting carrier. BB also certifies that
Buckingham Branch Railroad its projected annual revenues from AGENCY: Office of the United States
Company (BB), a Class III rail carrier, freight operations will not result in the Trade Representative.
has filed a verified notice of exemption creation of a Class II or Class I rail ACTION: Notice.
under 49 CFR 1150.41 to assume carrier.
operations over the following rail lines: SUMMARY: The Office of the United
Under 49 CFR 1150.42(b), a change in
(1) A 2.6-mile rail line, owned by States Trade Representative (USTR) is
operators requires that notice be given
Canonie Atlantic Co. (CAC) on behalf of providing notice of country-by-country
to shippers. BB states that it has
the Accomack-Northampton allocations of the Fiscal Year 2019 (Oct.
provided notice of the proposed change
Transportation District Commission 1, 2018 through Sept. 30, 2019) in-quota
in operator to the shippers on the Lines.
(ANTDC), extending between milepost BB certifies that on June 13, 2018, it quantity of the tariff-rate quotas for
95.0 at Little Creek (Virginia Beach), posted notice of the transaction at the imported raw cane sugar.
Va., and milepost 97.6 at Camden workplace of BCR employees as DATES: This notice is applicable on July
Heights (Norfolk), Va. (the Little Creek required under 49 CFR 1150.42(e). BB 18, 2018.
Line); and (2) a 4.2-mile rail line owned states that BCR employees are not FOR FURTHER INFORMATION CONTACT:
by Norfolk Southern Railway Company represented by any labor union. Dylan Daniels, Office of Agricultural
(NSR), extending between milepost SN Concurrently with its notice of Affairs, at 202–395–6095.
6.7 at Diamond Springs (Virginia exemption, BB filed a petition for partial SUPPLEMENTARY INFORMATION: Pursuant
Beach), Va., and milepost SN 2.5 at waiver of the 60-day advance labor to Additional U.S. Note 5 to Chapter 17
Coleman Place (Norfolk), Va. (the North notice requirement under 49 CFR of the Harmonized Tariff Schedule of
Beach and Diamond Springs Line) 1 1150.42(e) to allow the transaction to be the United States (HTS), the United
(collectively, the Lines). According to consummated on August 1, 2018. The States maintains tariff-rate quotas
BB, the Lines represent two branches petition for waiver will be addressed in (TRQs) for imports of raw cane sugar.
forming a ‘‘Y’’ with an overlapping a separate decision, which will establish Section 404(d)(3) of the Uruguay Round
convergence into the stem at Camden the earliest date this transaction may be Agreements Act (19 U.S.C. 3601(d)(3))
Heights, with milepost SN 2.5 at consummated. authorizes the President to allocate the
Coleman Place located west of the If the verified notice contains false or in-quota quantity of a TRQ for any
convergence. BB states that it will also misleading information, the exemption agricultural product among supplying
utilize an additional four miles of is void ab initio. Petitions to revoke the countries or customs areas. The
trackage rights to facilitate interchange exemption under 49 U.S.C. 10502(d) President delegated this authority to the
with NSR at Portlock Yard. may be filed at any time. The filing of U.S. Trade Representative under
BB states that it will provide rail a petition to revoke will not Presidential Proclamation 6763 (60 FR
common carrier service to shippers on automatically stay the effectiveness of 1007).
the Lines and that its operations will the exemption. Petitions for stay must On June 29, 2018, the Secretary of
replace those of Cassatt Management, be filed no later than July 25, 2018. Agriculture (Secretary) announced the
LLC d/b/a Bay Coast Railroad (BCR), the An original and 10 copies of all sugar program provisions for Fiscal Year
current operator.2 BB further states that pleadings, referring to Docket No. FD 2019. The Secretary announced an in-
BCR seeks to imminently cease 36202, must be filed with the Surface quota quantity of the TRQ for raw cane
operations over the Lines and does not Transportation Board, 395 E Street SW, sugar for Fiscal Year 2019 of 1,117,195
object to the proposed change in Washington, DC 20423–0001. In metric tons (conversion factor: 1 metric
operators. According to BB, BCR’s addition, a copy of each pleading must ton = 1.10231125 short tons) raw value
ability to continue operation of the be served on BB’s representative, Robert (MTRV), which is the minimum amount
Lines has recently become uncertain, A. Wimbish, Fletcher & Sippel LLC, 29 to which the United States is committed
and recent personnel departures at BCR North Wacker Drive, Suite 920, Chicago, under the World Trade Organization
have prompted BCR to press for IL 60606–2832. (WTO) Uruguay Round Agreements.
terminating its Norfolk-area operations According to BB, this action is USTR is allocating this quantity
as soon as possible.3 BB states it is excluded from environmental review (1,117,195 MTRV) to the following
negotiating a lease and operation under 49 CFR 1105.6(c) and from countries in the amounts specified
agreement with CAC for the Little Creek historic preservation reporting below:
requirements under 49 CFR
1 BB states that NSR formerly leased the North 1105.8(b)(1). Fiscal year
Beach and Diamond Springs Line to another carrier, Board decisions and notices are 2019 raw
Eastern Shore Railroad. According to BB, no available on our website at Country cane sugar
discontinuance authority is required as this is a allocations
change in operators. WWW.STB.GOV.
(MTRV)
amozie on DSK3GDR082PROD with NOTICES1

2 See Cassatt Mgmt. LLC—Lease & Operation
Decided: July 13, 2018.
Exemption—Canonie Atlantic Co. ex rel. Argentina .............................. 45,281
Accomack-Northampton Transp. Dist. Comm’n, FD
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings. Australia ................................ 87,402
34818 (STB served Feb. 6, 2006).
3 BB states that the circumstances here are related Kenyatta Clay, Barbados .............................. 7,371
to those underlying the transaction in Delmarva Belize .................................... 11,584
Clearance Clerk. Bolivia ................................... 8,424
Central Railroad—Change in Operator Exemption—
Cassatt Management, LLC D/B/A Bay Coast [FR Doc. 2018–15331 Filed 7–17–18; 8:45 am] Brazil ..................................... 152,691
Railroad, FD 36196 (STB served Jun. 8, 2018). BILLING CODE 4915–01–P Colombia ............................... 25,273

VerDate Sep<11>2014 19:19 Jul 17, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1
Document Created: 2018-11-06 10:24:38
Document Modified: 2018-11-06 10:24:38
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 33971