83 FR 55926 - Wolf Creek Railroad LLC-Lease and Operation Exemption-American Ordnance LLC, Owner's Representative for U.S. Army Joint Munitions Command
SURFACE TRANSPORTATION BOARD Federal Register Volume 83, Issue 217 (November 8, 2018)
Federal Register Volume 83, Issue 217 (November 8, 2018)
| Page Range | 55926-55927 | |
| FR Document | 2018-24428 |
[Federal Register Volume 83, Number 217 (Thursday, November 8, 2018)] [Notices] [Pages 55926-55927] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24428] ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. FD 36236] Wolf Creek Railroad LLC--Lease and Operation Exemption--American Ordnance LLC, Owner's Representative for U.S. Army Joint Munitions Command Wolf Creek Railroad LLC (Wolf Creek), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from American Ordnance LLC (AO), as owner's representative for the U.S. Army Joint Munitions Command (JMC), and to operate, approximately ten miles of track (the Line) \1\ within the Milan Army Ammunition Plant (Plant).\2\ According to Wolf Creek, there are no mileposts assigned to the Line. The Line is located in Gibson County, Tenn., on a portion of the Plant that JMC no longer needs and that will be repurposed as a business park. --------------------------------------------------------------------------- \1\ Wolf Creek states that the lease also includes other tracks that will be operated by Wolf Creek as yard and industrial tracks for which no Board authority is required. \2\ The Plant is owned by JMC. According to Wolf Creek, AO and JMC are parties to an Operations and Maintenance Agreement that permits AO to grant rights to use certain property within the Plant, including the railroad tracks. --------------------------------------------------------------------------- Wolf Creek states that, upon consummation of the transaction and the commencement of operations, Wolf Creek will be a Class III carrier. Wolf Creek states that it is leasing the Line in order to provide common carrier rail service to transload customers and other rail customers that may locate in the planned business park. Wolf Creek states it that will originate and terminate freight traffic and conduct loading and unloading operations and that it will also offer rail car storage and car repair services within the Plant. According to Wolf Creek, the Line connects with CSX Transportation, Inc. (CSXT), and West Tennessee Railroad (WTNN) at Milan, Tenn., and Wolf Creek will seek to [[Page 55927]] establish interchange with both CSXT and WTNN. This transaction is related to a concurrently filed verified notice of exemption in Eyal Shapira--Continuance in Control Exemption--Iowa & Middletown Railway, Docket No. FD 36232, in which Eyal Shapira seeks Board approval to continue in control of Wolf Creek upon Wolf Creek's becoming a Class III rail carrier.\3\ --------------------------------------------------------------------------- \3\ The verified notice of exemption in Docket No. FD 36232 also relates to a verified notice of exemption in Iowa & Middletown Railway--Lease & Operation Exemption--American Ordinance LLC, Owner's Representative for U.S. Army Joint Munitions Command, Docket No. FD 36231. --------------------------------------------------------------------------- Wolf Creek certifies that its projected annual revenues as a result of this transaction will not exceed $5 million or result in the creation of a Class II or Class I rail carrier. Wolf Creek also certifies that the lease does not impose or include an interchange commitment. The earliest this transaction may be consummated is November 22, 2018, the effective date of the exemption (30 days after the verified notice was filed). Wolf Creek states that it expects to commence common carrier operations on January 1, 2019. 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 by November 15, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36236, 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 Eric M. Hocky, Clark Hill PLC, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103. According to Wolf Creek, this action is exempt from environmental review under 49 CFR 1105.6(c) and exempt from historic review under 49 CFR 1105.8(b). Board decisions and notices are available on our website at www.stb.gov. Decided: November 2, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018-24428 Filed 11-7-18; 8:45 am] BILLING CODE 4915-01-P
![55926 Federal Register / Vol. 83, No. 217 / Thursday, November 8, 2018 / Notices
members are retired Ambassador Linda The earliest this transaction may be Market Street, Suite 1000, Philadelphia,
Thomas-Greenfield, retired Ambassador consummated is November 22, 2018, the PA 19103.
Joan Plaisted, Ms. Carol Gallo, and Mr. effective date of the exemption (30 days According to Shapira, this action is
John DeSalvio. They bring to their after the verified notice of exemption categorically excluded from
deliberations distinguished backgrounds was filed).1 environmental review under 49 CFR
in government service. According to the verified notice of 1105.6(c).
The Board will submit its conclusions exemption, Shapira currently controls, Board decisions and notices are
and recommendations to Secretary through equity ownership, two Class III available on our website at www.stb.gov.
Pompeo within 60 days of its first carriers (Pennsylvania & Southern Decided: November 2, 2018.
meeting, unless the Chair determines a Railway (PSRR) and Raritan Central By the Board, Scott M. Zimmerman, Acting
need for additional time. Within the Railway, LLC (Raritan Central)). Shapira Director, Office of Proceedings.
timeframes required by statute following is filing this verified notice to enable his Jeffrey Herzig,
receipt of the report, the Department continuance in control of I&M and Wolf Clearance Clerk.
will report to Congress on Creek when they become carriers. [FR Doc. 2018–24427 Filed 11–7–18; 8:45 am]
recommendations made by the Board Shapira represents that: (1) The rail BILLING CODE 4915–01–P
and action taken with respect to those lines to be operated by I&M and Wolf
recommendations. Creek do not connect with each other or
Anyone with information relevant to with the other railroads currently SURFACE TRANSPORTATION BOARD
the Board’s examination of these controlled by Shapira; (2) the
incidents should contact the Board continuance in control is not part of a [Docket No. FD 36236]
promptly at (202) 647–6427 or send a series of anticipated transactions that
Wolf Creek Railroad LLC—Lease and
fax to the Board at (202) 647–5792. would connect I&M and Wolf Creek
Operation Exemption—American
Dated: October 30, 2018. with each other or the rail lines of the Ordnance LLC, Owner’s
other railroads currently controlled by Representative for U.S. Army Joint
William E. Todd,
Shapira; and (3) the transaction does not Munitions Command
Deputy under Secretary for Management,
involve a Class I carrier. The proposed
Department of State.
transaction is therefore exempt from the Wolf Creek Railroad LLC (Wolf
[FR Doc. 2018–24477 Filed 11–7–18; 8:45 am]
prior approval requirements of 49 U.S.C. Creek), a noncarrier, has filed a verified
BILLING CODE 4710–10–P notice of exemption under 49 CFR
11323 pursuant to 49 CFR 1180.2(d)(2).
Under 49 U.S.C. 10502(g), the Board 1150.31 to lease from American
may not use its exemption authority to Ordnance LLC (AO), as owner’s
SURFACE TRANSPORTATION BOARD relieve a rail carrier of its statutory representative for the U.S. Army Joint
obligation to protect the interests of its Munitions Command (JMC), and to
[Docket No. FD 36232] employees. Section 11326(c), however, operate, approximately ten miles of
does not provide for labor protection for track (the Line) 1 within the Milan Army
Eyal Shapira—Continuance in Control transactions under sections 11324 and Ammunition Plant (Plant).2 According
Exemption—Iowa & Middletown 11325 that involve only Class III rail to Wolf Creek, there are no mileposts
Railway LLC and Wolf Creek Railroad carriers. Accordingly, the Board may not assigned to the Line. The Line is located
LLC impose labor protective conditions here in Gibson County, Tenn., on a portion
Eyal Shapira (Shapira), an individual, because all the carriers involved are of the Plant that JMC no longer needs
has filed a verified notice of exemption Class III carriers. and that will be repurposed as a
under 49 CFR 1180.2(d)(2) to continue If the verified notice contains false or business park.
misleading information, the exemption Wolf Creek states that, upon
in control of Iowa & Middletown
is void ab initio. Petitions to revoke the consummation of the transaction and
Railway LLC (I&M) and Wolf Creek
exemption under 49 U.S.C. 10502(d) the commencement of operations, Wolf
Railroad LLC (Wolf Creek) upon I&M’s
may be filed at any time. The filing of Creek will be a Class III carrier. Wolf
and Wolf Creek’s becoming Class III rail
a petition to revoke will not Creek states that it is leasing the Line in
carriers.
automatically stay the effectiveness of order to provide common carrier rail
This transaction is related to a
the exemption. Petitions for stay must service to transload customers and other
verified notice of exemption filed
be filed no later than November 15, rail customers that may locate in the
concurrently in Wolf Creek Railroad—
2018 (at least seven days before the planned business park. Wolf Creek
Lease & Operation Exemption—
exemption becomes effective). states it that will originate and terminate
American Ordnance LLC, Owner’s
An original and 10 copies of all freight traffic and conduct loading and
Representative for U.S. Army Joint
pleadings, referring to Docket No. FD unloading operations and that it will
Munitions Command, Docket No. FD
36232, must be filed with the Surface also offer rail car storage and car repair
36236, in which Wolf Creek seeks
Transportation Board, 395 E Street SW, services within the Plant. According to
authority to lease from American
Washington, DC 20423–0001. In Wolf Creek, the Line connects with CSX
Ordinance LLC (AO) and operate
addition, one copy of each pleading Transportation, Inc. (CSXT), and West
approximately ten miles of rail line in
must be served on Eric M. Hocky, Clark Tennessee Railroad (WTNN) at Milan,
Tennessee, and a verified notice of
Hill PLC, One Commerce Square, 2005 Tenn., and Wolf Creek will seek to
exemption filed on October 12, 2018, in
Iowa & Middletown Railway—Lease &
daltland on DSKBBV9HB2PROD with NOTICES
1 Although notice of I&M’s lease and operation 1 Wolf Creek states that the lease also includes
Operation Exemption—American exemption in Docket No. FD 36231 was served and other tracks that will be operated by Wolf Creek as
Ordnance LLC, Owner’s Representative published in the Federal Register on October 26, yard and industrial tracks for which no Board
for US. Army Joint Munitions 2018, the effective date was held in abeyance authority is required.
Command, Docket No. FD 36231, in pending review of Shapira’s verified notice here. 2 The Plant is owned by JMC. According to Wolf
Concurrently with this notice, a decision is being Creek, AO and JMC are parties to an Operations and
which I&M seeks authority to lease from issued in Docket No. FD 36231 making I&M’s Maintenance Agreement that permits AO to grant
AO and operate approximately four exemption effective, unless stayed, on November rights to use certain property within the Plant,
miles of rail line in Iowa. 22, 2018, consistent with this one. including the railroad tracks.
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![Federal Register / Vol. 83, No. 217 / Thursday, November 8, 2018 / Notices 55927
establish interchange with both CSXT SURFACE TRANSPORTATION BOARD By the Board, Scott M. Zimmerman, Acting
and WTNN. Director, Office of Proceedings.
This transaction is related to a Jeffrey Herzig,
[Docket No. FD 36231]
concurrently filed verified notice of Clearance Clerk.
exemption in Eyal Shapira— Iowa and Middletown Railway LLC— [FR Doc. 2018–24426 Filed 11–7–18; 8:45 am]
Continuance in Control Exemption— Lease and Operation Exemption— BILLING CODE 4915–01–P
Iowa & Middletown Railway, Docket No. American Ordinance LLC, Owner’s
FD 36232, in which Eyal Shapira seeks Representative for U.S. Army Joint
Board approval to continue in control of Munitions Command
DEPARTMENT OF TRANSPORTATION
Wolf Creek upon Wolf Creek’s becoming
a Class III rail carrier.3 On October 12, 2018, Iowa &
Federal Aviation Administration
Wolf Creek certifies that its projected Middletown Railway LLC (I&M), a
annual revenues as a result of this noncarrier, filed a verified notice of Notice of Intent of Waiver With Respect
transaction will not exceed $5 million exemption under 49 CFR 1150.31 to to Land; Capital Region International
or result in the creation of a Class II or lease from American Ordnance LLC Airport, Lansing, Michigan
Class I rail carrier. Wolf Creek also (AO), as owner’s representative for the
U.S. Army Joint Munitions Command AGENCY: Federal Aviation
certifies that the lease does not impose
(JMC), and operate, approximately four Administration (FAA), DOT.
or include an interchange commitment.
miles of track (the Line) 1 within the ACTION: Notice.
The earliest this transaction may be Iowa Army Ammunition Plant (Plant).2
consummated is November 22, 2018, the The Line is located in Des Moines SUMMARY: The FAA is considering a
effective date of the exemption (30 days County, Iowa, on a portion of the Plant proposal to change approximately 1.24
after the verified notice was filed). Wolf that JMC no longer needs and will be acres of airport land from aeronautical
Creek states that it expects to commence repurposed as a business park. use to non-aeronautical use and to
common carrier operations on January authorize the lease of airport property
1, 2019. Notice of I&M’s lease and operation
exemption was served and published on located at Capital Region International
If the verified notice contains false or October 26, 2018 (83 FR 54162), but the Airport, Lansing, Michigan. The
misleading information, the exemption effective date of the exemption was held aforementioned land is not needed for
is void ab initio. Petitions to revoke the in abeyance pending review of a related aeronautical use.
exemption under 49 U.S.C. 10502(d) verified notice of exemption filed on The subject property is located at
may be filed at any time. The filing of October 23, 2018, in Eyal Shapira— 2824 East Circle Drive, Lansing,
a petition to revoke will not Continuance in Control Exemption— Michigan. This property is on the
automatically stay the effectiveness of Iowa & Middletown Railway, Docket No. southeast side of the street, south of the
the exemption. Petitions to stay must be FD 36232. In that proceeding, Eyal Capital Region International Airport’s
filed by November 15, 2018 (at least Shapira, President of I&M, seeks to terminal. This property was the location
seven days before the exemption continue in control of I&M and Wolf of the former Federal Aviation
becomes effective). Creek Railroad LLC 3 upon both entities Administration Automated Flight
An original and 10 copies of all becoming carriers. Notice of the Service Station. The FAA departed the
pleadings, referring to Docket No. FD continuance-in-control exemption in facility in 2012. The property is
36236, must be filed with the Surface Docket No. FD 36232 will be served and currently identified as aeronautical use,
Transportation Board, 395 E Street SW, published in the Federal Register on however, there is no airside access from
Washington, DC 20423–0001. In November 8, 2018, and that exemption the property. The Michigan State Police
addition, one copy of each pleading will become effective on November 22, will purchase the building and lease the
must be served on Eric M. Hocky, Clark 2018. Therefore, I&M’s exemption in land for the Michigan State Police
Hill PLC, One Commerce Square, 2005 Docket No. 36231 likewise will become Canine Special Operations Unit.
Market Street, Suite 1000, Philadelphia, effective on November 22, 2018. DATES: Comments must be received on
PA 19103. Petitions for stay will be due by or before December 10, 2018.
According to Wolf Creek, this action November 15, 2018. ADDRESSES: Documents are available for
is exempt from environmental review It is ordered: review by appointment at the FAA
under 49 CFR 1105.6(c) and exempt 1. I&M’s exemption will become Detroit Airports District Office,
from historic review under 49 CFR effective on November 22, 2018. Katherine Delaney, Community Planner,
1105.8(b). Petitions for stay of the exemption are 11677 South Wayne Road, Suite 107,
Board decisions and notices are due by November 15, 2018. Romulus, Michigan 48174, Telephone:
available on our website at www.stb.gov. (734) 229–2900, Fax: (734) 229–2950
2. This decision is effective on its date and Capital Region Airport Authority,
Decided: November 2, 2018. of service. Capital Region International Airport,
By the Board, Scott M. Zimmerman, Acting Decided: November 2, 2018. Jonathon Vrabel, Senior Vice-President,
Director, Office of Proceedings.
4100 Capital City Boulevard, Lansing,
Jeffrey Herzig, 1 I&M states that the lease also includes a number Michigan, Telephone: (517) 321–6121.
Clearance Clerk. of other tracks that will be operated by I&M as yard Written comments on the Sponsor’s
[FR Doc. 2018–24428 Filed 11–7–18; 8:45 am] and industrial tracks for which no Board authority
request must be delivered or mailed to:
daltland on DSKBBV9HB2PROD with NOTICES
is required.
BILLING CODE 4915–01–P 2 The Plant is owned by JMC. According to I&M, Katherine Delaney, Community Planner,
AO and JMC are parties to an Operations and Federal Aviation Administration,
3 The verified notice of exemption in Docket No. Maintenance Agreement that permits AO to grant Detroit Airports District Office, 11677
FD 36232 also relates to a verified notice of rights to use certain property within the Plant, South Wayne Road, Suite 107, Romulus,
exemption in Iowa & Middletown Railway—Lease & including the railroad tracks.
Operation Exemption—American Ordinance LLC, 3 See Wolf Creek R.R.—Lease & Operation Michigan 48174, Telephone Number:
Owner’s Representative for U.S. Army Joint Exemption—American Ordnance LLC, FD 23236 (734) 229–2900, Fax Number: (734) 229–
Munitions Command, Docket No. FD 36231. (STB served Nov. 8, 2018). 2950.
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Document Created: 2018-11-08 06:22:47
Document Modified: 2018-11-08 06:22:47
| 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 55926 |
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