83 FR 44689 - Progressive Rail Incorporated-Continuance in Control Exemption-Clackamas Valley Railway, LLC

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 170 (August 31, 2018)

Page Range		44689-44689
FR Document		2018-19020

Federal Register, Volume 83 Issue 170 (Friday, August 31, 2018)

[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Page 44689]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19020]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36212]


Progressive Rail Incorporated--Continuance in Control Exemption--
Clackamas Valley Railway, 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 Clackamas Valley Railway, LLC (CVR), upon CVR's 
becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Clackamas Valley Railway, LLC--Lease & Operation 
Exemption with Interchange Commitment--Union Pacific Railroad Co., 
Docket No. FD 36211. In that proceeding, CVR seeks an exemption under 
49 CFR 1150.31 to lease and operate 1.6 miles of railroad line in 
Clackamas, Or. (the Line), owned by Union Pacific Railroad Company 
(UP).
    The earliest this transaction may be consummated is September 15, 
2018 (30 days after the verified notice was filed).
    PGR will continue in control of CVR upon CVR's becoming a Class III 
rail carrier. According to PGR, it owns or operates rail lines in 
Minnesota, Wisconsin, and Illinois. PGR states that it controls six 
other Class III railroads that operate in Minnesota, Missouri, Iowa, 
North Carolina, Illinois, and California,\1\ and that its control of a 
seventh, the St. Paul & Pacific Railroad, LLC (SPR), is pending.\2\
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    \1\ Airlake Terminal Railway Company, LLC; Central Midland 
Railway Company; Iowa Traction Railway Company; Iowa Southern 
Railway Company; Piedmont & Northern Railroad LLC; and Chicago 
Junction Railway Company.
    \2\ PGR's exemption authorizing it to continue in control of SPR 
became effective on August 15, 2018. Progressive Rail--Continuance 
in Control Exemption--St. Paul & Pac. R.R., FD 36208 (STB served 
Aug. 1, 2018).
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    PGR states that: (1) The Line to be operated by CVR 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 the Line with any other railroad in the 
PGR corporate family; and (3) the transaction does not involve a Class 
I rail carrier. Therefore, the proposed 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 Sec. Sec.  
11324 and 11325 that involve only Class III rail carriers. Accordingly, 
the Board may not impose labor protective conditions here, because all 
the carriers involved are Class III carriers.
    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 September 7, 
2018 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36212, 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 PGR's representative, Bradon J. Smith, 
Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 
60606-3208.
    According to PGR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
under 49 CFR 1105.8(b).
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: August 28, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2018-19020 Filed 8-30-18; 8:45 am]
BILLING CODE 4915-01-P

Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices 44689

31, 2018, the earliest this transaction The earliest this transaction may be According to PGR, this action is
may be consummated is September 15, consummated is September 15, 2018 (30 categorically excluded from
2018 (30 days after the verified notice days after the verified notice was filed). environmental review under 49 CFR
was filed). PGR will continue in control of CVR 1105.6(c) and from historic reporting
If the verified notice contains false or upon CVR’s becoming a Class III rail under 49 CFR 1105.8(b).
misleading information, the exemption carrier. According to PGR, it owns or Board decisions and notices are
is void ab initio. Petitions to revoke the operates rail lines in Minnesota, available on our website at www.stb.gov.
exemption under 49 U.S.C. 10502(d) Wisconsin, and Illinois. PGR states that Decided: August 28, 2018.
may be filed at any time. The filing of it controls six other Class III railroads
By the Board, Scott M. Zimmerman, Acting
a petition to revoke will not that operate in Minnesota, Missouri, Director, Office of Proceedings.
automatically stay the effectiveness of Iowa, North Carolina, Illinois, and
Tammy Lowery,
the exemption. Petitions to stay must be California,1 and that its control of a
seventh, the St. Paul & Pacific Railroad, Clearance Clerk.
filed no later than September 7, 2018 (at
LLC (SPR), is pending.2 [FR Doc. 2018–19020 Filed 8–30–18; 8:45 am]
least seven days before the exemption
becomes effective). PGR states that: (1) The Line to be BILLING CODE 4915–01–P

An original and 10 copies of all operated by CVR does not connect with
pleadings, referring to Docket No. FD any other railroads in the PGR corporate
36211, must be filed with the Surface family; (2) the continuance in control is DEPARTMENT OF TRANSPORTATION
Transportation Board, 395 E Street SW, not part of a series of anticipated
Washington, DC 20423–0001. In transactions that would connect the Federal Aviation Administration
addition, a copy of each pleading must Line with any other railroad in the PGR
corporate family; and (3) the transaction Agency Information Collection
be served on CVR’s representative, Activities: Requests for Comments;
Bradon J. Smith, Fletcher & Sippel LLC, does not involve a Class I rail carrier.
Therefore, the proposed transaction is Clearance of Renewed Approval of
29 North Wacker Drive, Suite 800, Information Collection: Operating
Chicago, IL 60606–3208. exempt from the prior approval
requirements of 49 U.S.C. 11323. See 49 Requirements: Commuter and On-
According to CVR, this action is Demand Operation
categorically excluded from CFR 1180.2(d)(2).
Under 49 U.S.C. 10502(g), the Board AGENCY: Federal Aviation
environmental review under 49 CFR
may not use its exemption authority to Administration (FAA), DOT.
1105.6(c) and from historic reporting
relieve a rail carrier of its statutory
under 49 CFR 1105.8(b). ACTION: Notice and request for
obligation to protect the interests of its
Board decisions and notices are comments.
employees. Section 11326(c), however,
available on our website at www.stb.gov. does not provide for labor protection for SUMMARY: In accordance with the
Decided: August 28, 2018. transactions under §§ 11324 and 11325 Paperwork Reduction Act of 1995, FAA
By the Board, Scott M. Zimmerman, Acting that involve only Class III rail carriers. invites public comments about our
Director, Office of Proceedings. Accordingly, the Board may not impose intention to request the Office of
Jeffrey Herzig, labor protective conditions here, Management and Budget (OMB)
Clearance Clerk. because all the carriers involved are approval to renew an information
[FR Doc. 2018–19080 Filed 8–30–18; 8:45 am] Class III carriers. collection. The revision of this
If the verified notice contains false or
BILLING CODE 4915–01–P collection involves the amendment of
misleading information, the exemption
regulations, which allows a certificate
is void ab initio. Petitions to revoke the
holder’s pilots to log second-in-
SURFACE TRANSPORTATION BOARD exemption under 49 U.S.C. 10502(d)
command (SIC) time in operations that
may be filed at any time. The filing of
a petition to revoke will not does not otherwise require a SIC. This
[Docket No. FD 36212]
automatically stay the effectiveness of revision also removes the burden for
the exemption. Petitions to stay must be initial certification as that is already
Progressive Rail Incorporated— counted under ICR 2120–0593.
Continuance in Control Exemption— filed no later than September 7, 2018 (at
least seven days before the exemption DATES: Written comments should be
Clackamas Valley Railway, LLC submitted by October 1, 2018.
becomes effective).
Progressive Rail Incorporated (PGR), a An original and 10 copies of all ADDRESSES: Interested persons are
Class III rail carrier, has filed a verified pleadings, referring to Docket No. FD invited to submit written comments on
notice of exemption under 49 CFR 36212, must be filed with the Surface the proposed information collection to
1180.2(d)(2) to continue in control of Transportation Board, 395 E Street SW, the Office of Information and Regulatory
Clackamas Valley Railway, LLC (CVR), Washington, DC 20423–0001. In Affairs, Office of Management and
upon CVR’s becoming a Class III rail addition, a copy of each pleading must Budget. Comments should be addressed
carrier. be served on PGR’s representative, to the attention of the Desk Officer,
This transaction is related to a Bradon J. Smith, Fletcher & Sippel LLC, Department of Transportation/FAA, and
concurrently filed verified notice of 29 North Wacker Drive, Suite 800, sent via electronic mail to oira_
exemption in Clackamas Valley Chicago, IL 60606–3208. submission@omb.eop.gov, or faxed to
Railway, LLC—Lease & Operation (202) 395–6974, or mailed to the Office
1 Airlake Terminal Railway Company, LLC;
Exemption with Interchange of Information and Regulatory Affairs,
daltland on DSKBBV9HB2PROD with NOTICES

Central Midland Railway Company; Iowa Traction
Commitment—Union Pacific Railroad Railway Company; Iowa Southern Railway
Office of Management and Budget,
Co., Docket No. FD 36211. In that Company; Piedmont & Northern Railroad LLC; and Docket Library, Room 10102, 725 17th
proceeding, CVR seeks an exemption Chicago Junction Railway Company. Street NW, Washington, DC 20503.
2 PGR’s exemption authorizing it to continue in
under 49 CFR 1150.31 to lease and Public Comments Invited: You are
control of SPR became effective on August 15, 2018.
operate 1.6 miles of railroad line in Progressive Rail—Continuance in Control
asked to comment on any aspect of this
Clackamas, Or. (the Line), owned by Exemption—St. Paul & Pac. R.R., FD 36208 (STB information collection, including (a)
Union Pacific Railroad Company (UP). served Aug. 1, 2018). Whether the proposed collection of

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Document Created: 2018-08-31 00:53:29
Document Modified: 2018-08-31 00:53:29

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 44689