83 FR 63191 - Progressive Rail Incorporated-Continuance in Control Exemption-St. Paul & Pacific Northwest Railroad Company, LLC

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 235 (December 7, 2018)

Page Range		63191-63191
FR Document		2018-26582

Federal Register, Volume 83 Issue 235 (Friday, December 7, 2018)

[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Notices]
[Page 63191]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26582]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36254]


Progressive Rail Incorporated--Continuance in Control Exemption--
St. Paul & Pacific Northwest Railroad 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 St. Paul & Pacific Northwest Railroad Company, 
LLC (SPN), upon SPN's becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in St. Paul & Pacific Northwest Railroad Company, LLC--
Change in Operators Exemption--Kettle Falls International Railway LLC, 
Docket No. FD 36246. In that proceeding, SPN seeks to assume operations 
over approximately 83 miles of rail line owned by BNSF Railway Company, 
that extends north from Chewelah, Wash., to Kettle Falls, Wash., where 
the line branches; the West Branch continues northwest to West Kettle 
Falls, Wash., and the East Branch continues northeast across the United 
States-Canada border at milepost 139.7 and on to Columbia Gardens, 
B.C., Canada. PGR states that SPN is a new entity established by PGR to 
lease and operate those lines.
    The earliest this transaction may be consummated is December 20, 
2018, the effective date of the exemption (30 days after the verified 
notice was filed). PGR states that it intends to consummate the 
transaction concurrently with SPN's commencement of operations pursuant 
to Docket No. FD 36246, on or about January 1, 2019.
    PGR will continue in control of SPN upon SPN's becoming a Class III 
rail carrier, while remaining in control of eight other Class III 
carriers: Airlake Terminal Railway Company, LLC; Central Midland 
Railway Company; Iowa Traction Railway Company; Iowa Southern Railway 
Company; Piedmont & Northern Railroad, LLC; Chicago Junction Railway 
Company; St. Paul & Pacific Railroad Company, LLC; and Clackamas Valley 
Railway Company, LLC.
    PGR verifies that: (1) The rail lines do not connect with the lines 
of PGR or of the lines of any of the other eight Class III rail 
carriers controlled by PGR; (2) this continuance in control transaction 
is not part of a series of anticipated transactions that would result 
in such a connection; 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 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 December 13, 2018 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36254, must be filed with the Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423. In addition, one copy of each pleading 
must be served on Bradon J. Smith, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, Ill. 60606.
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: December 3, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-26582 Filed 12-6-18; 8:45 am]
BILLING CODE 4915-01-P

Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices 63191

B.C., Canada.1 The verified notice 29 North Wacker Drive, Suite 800, Clackamas Valley Railway Company,
indicates that the Lines are currently Chicago, Ill. 60606. LLC.
operated by Kettle Falls International Board decisions and notices are PGR verifies that: (1) The rail lines do
Railway LLC (KFR), and that as a result available on our website at www.stb.gov.
not connect with the lines of PGR or of
of this transaction, SPN will become a Decided: December 3, 2018. the lines of any of the other eight Class
Class III carrier and replace KFR as the By the Board, Scott M. Zimmerman, Acting III rail carriers controlled by PGR; (2)
Line’s exclusive lessee and operator. Director, Office of Proceedings. this continuance in control transaction
This transaction is related to a
Jeffrey Herzig, is not part of a series of anticipated
concurrently filed verified notice of
Clearance Clerk. transactions that would result in such a
exemption in Progressive Rail
Incorporated—Continuance in Control [FR Doc. 2018–26581 Filed 12–6–18; 8:45 am] connection; and (3) the transaction does
Exemption—St. Paul & Pacific BILLING CODE 4915–01–P not involve a Class I rail carrier.
Northwest Railroad Company, Docket Therefore, the transaction is exempt
No. FD 36254, in which Progressive Rail from the prior approval requirements of
Incorporated seeks to continue in SURFACE TRANSPORTATION BOARD 49 U.S.C. 11323. See 49 CFR
control of SPN upon SPN’s becoming a [Docket No. FD 36254] 1180.2(d)(2).
Class III rail carrier. Under 49 U.S.C. 10502(g), the Board
SPN certifies that the underlying lease Progressive Rail Incorporated— may not use its exemption authority to
and operation agreement does not Continuance in Control Exemption— relieve a rail carrier of its statutory
contain an interchange commitment. St. Paul & Pacific Northwest Railroad obligation to protect the interests of its
SPN also certifies that its projected Company, LLC employees. Section 11326(c), however,
revenues as a result of this proposed Progressive Rail Incorporated (PGR), a does not provide for labor protection for
transaction will not exceed those that Class III rail carrier, has filed a verified transactions under sections 11324 and
would result in the creation of a Class notice of exemption under 49 CFR 11325 that involve only Class III rail
II or Class I rail carrier but notes that 1180.2(d)(2) to continue in control of St. carriers. Accordingly, the Board may not
they will exceed $5 million. PGR filed Paul & Pacific Northwest Railroad impose labor protective conditions here
the certification of notice to employees Company, LLC (SPN), upon SPN’s because all the carriers involved are
required under 49 CFR 1150.42(e) on becoming a Class III rail carrier. Class III carriers.
November 1, 2018. Further, under 49 This transaction is related to a
CFR 1150.32(b), a change in operator concurrently filed verified notice of If the notice contains false or
requires that notice be given to shippers. exemption in St. Paul & Pacific misleading information, the exemption
SPN certifies that notice of the change Northwest Railroad Company, LLC— is void ab initio. Petitions to revoke the
in operator was served on all known Change in Operators Exemption—Kettle exemption under 49 U.S.C. 10502(d)
shippers on the Lines. Falls International Railway LLC, Docket may be filed at any time. The filing of
The earliest this transaction may be No. FD 36246. In that proceeding, SPN a petition to revoke will not
consummated is December 31, 2018, the seeks to assume operations over automatically stay the effectiveness of
effective date of the exemption (60 days approximately 83 miles of rail line the exemption. Petitions for stay must
after the Section 1150.42(e) certification owned by BNSF Railway Company, that be filed no later than December 13, 2018
was filed). SPN states that it expects to extends north from Chewelah, Wash., to (at least seven days before the
consummate the underlying transaction Kettle Falls, Wash., where the line exemption becomes effective).
on receipt of all regulatory approvals, branches; the West Branch continues An original and 10 copies of all
anticipated to be no later than January northwest to West Kettle Falls, Wash., pleadings, referring to Docket No. FD
1, 2019. and the East Branch continues northeast 36254, must be filed with the Surface
If the notice contains false or across the United States-Canada border Transportation Board, 395 E Street SW,
misleading information, the exemption at milepost 139.7 and on to Columbia
is void ab initio. Petitions to revoke the Washington, DC 20423. In addition, one
Gardens, B.C., Canada. PGR states that
exemption under 49 U.S.C. 10502(d) copy of each pleading must be served on
SPN is a new entity established by PGR
may be filed at any time. The filing of Bradon J. Smith, Fletcher & Sippel LLC,
to lease and operate those lines.
a petition to revoke will not The earliest this transaction may be 29 North Wacker Drive, Suite 800,
automatically stay the effectiveness of consummated is December 20, 2018, the Chicago, Ill. 60606.
the exemption. Petitions for stay must effective date of the exemption (30 days Board decisions and notices are
be filed no later than December 24, 2018 after the verified notice was filed). PGR available on our website at www.stb.gov.
(at least seven days before the states that it intends to consummate the Decided: December 3, 2018.
exemption becomes effective). transaction concurrently with SPN’s
commencement of operations pursuant By the Board, Scott M. Zimmerman, Acting
An original and 10 copies of all
Director, Office of Proceedings.
pleadings, referring to Docket No. FD to Docket No. FD 36246, on or about
36246, must be filed with the Surface January 1, 2019. Jeffrey Herzig,
Transportation Board, 395 E Street SW, PGR will continue in control of SPN Clearance Clerk.
Washington, DC 20423. In addition, one upon SPN’s becoming a Class III rail [FR Doc. 2018–26582 Filed 12–6–18; 8:45 am]
copy of each pleading must be served on carrier, while remaining in control of BILLING CODE 4915–01–P
Bradon J. Smith, Fletcher & Sippel LLC, eight other Class III carriers: Airlake
amozie on DSK3GDR082PROD with NOTICES

Terminal Railway Company, LLC;
1 SPN clarifies, for Board jurisdictional purposes, Central Midland Railway Company;
that the relevant distance of the East Branch from Iowa Traction Railway Company; Iowa
Chewelah to the international border is Southern Railway Company; Piedmont
approximately 79 miles. It further states that the
additional four miles of West Branch track it will
& Northern Railroad, LLC; Chicago
lease makes the total to be leased by SPN Junction Railway Company; St. Paul &
approximately 83 miles of track. Pacific Railroad Company, LLC; and

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Document Created: 2018-12-07 01:52:59
Document Modified: 2018-12-07 01:52:59

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 63191