[Federal Register Volume 78, Number 176 (Wednesday, September 11, 2013)]
[Notices]
[Pages 55776-55777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22099]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35760]


Hainesport Industrial Railroad, LLC--Corporate Family Transaction 
Exemption

    Hainesport Industrial Railroad, LLC (Hainesport), a Class III 
railroad, filed a verified notice of exemption under 49 CFR 
1180.2(d)(3) for a corporate family transaction pursuant to which 
Hainesport will transfer ownership and operation of a line of railroad 
in Hainesport, N.J., to a corporate affiliate.
    According to Hainesport, it currently owns and operates a series of 
tracks serving several customers located in the Hainesport Industrial 
Park in Hainesport, N.J., where it connects with a line owned and 
served by Consolidated Rail Corporation (Conrail).\1\ Hainesport states 
that several sidings point in an easterly direction (East Line) and one 
or more sidings point in a southerly direction (South Line). Hainesport 
proposes to establish a new corporate affiliate, Hainesport Secondary 
Railroad, LLC (Hainesport Secondary), to own and operate the East Line. 
Hainesport will continue to own and operate the South Line. Hainesport 
states that it will enter into a haulage agreement with Hainesport 
Secondary that provides for Hainesport Secondary to move traffic 
between the South Line and the Conrail interchange on behalf of 
Hainesport.
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    \1\ See Hainesport Indus. R.R.--Acquis. & Operation Exemption--
Hainesport Indus. Park R.R., FD 34695 (STB served May 18, 2005).
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    Unless stayed, the exemption will be effective on September 25, 
2013 (30 days after the verified notice was filed). Applicant states 
that the parties intend to consummate the proposed transaction on or 
about September 26, 2013.
    According to Hainesport, the purpose of this transaction is to 
allow Hainesport to separate the lines of railroad according to the 
types of traffic each handles. In addition, Hainesport states that the 
transaction will facilitate the sale of the South Line should 
Hainesport's owners choose to sell that line in the future.
    The line transfer is a transaction within a corporate family 
exempted from prior review and approval under 49 CFR 1180.2(d)(3). 
Applicant states that the transaction will not result in adverse 
changes in service levels, significant operational changes, or changes 
in the competitive balance with carriers outside the corporate family.
    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 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 rail carriers.

[[Page 55777]]

    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 September 18, 2013 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35760, 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 applicant's representative, John D. Heffner, 
Strasburger & Price, LLP, 1700 K Street NW., Suite 640, Washington, DC 
20006.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: September 6, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-22099 Filed 9-10-13; 8:45 am]
BILLING CODE 4915-01-P