[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Page 42165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17562]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35942]


Tunnel Hill Partners, LP--Acquisition of Control Exemption--
Hainesport Industrial Railroad, LLC

    Tunnel Hill Partners, LP (Tunnel), a noncarrier, and two Class III 
carriers (Hainesport Industrial Railroad, LLC (HIRR) and New Amsterdam 
& Seneca Railroad Company (NAS) (collectively, Applicants)) have filed 
a verified notice of exemption under 49 CFR 1180.2(d)(2) for Tunnel, 
which currently owns NAS, to acquire control of HIRR.
    According to Applicants, Tunnel is an integrated waste management 
firm. It currently owns NAS, a carrier with authority to operate a rail 
line in Fostoria, Ohio.\1\ Darryl Caplan and Ronald W. Bridges 
currently own HIRR, a carrier that holds authority to operate 
approximately one mile of track in Hainesport Industrial Park in 
Burlington County, NJ.\2\ Tunnel proposes to acquire from these 
individuals their ownership interest in HIRR to serve a waste transfer 
facility located on that line. Tunnel notes that it may also use NAS to 
serve a waste transfer facility it owns on that line. Tunnel states 
that there are no plans to connect the two railroads.
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    \1\ See New Amsterdam & Seneca R.R.--Lease & Operation 
Exemption--Line in Fostoria, Ohio, FD 34811 (STB served Jan. 20, 
2006).
    \2\ See Hainesport Indus. R.R.--Acquis. & Operation Exemption--
Hainesport Indus. Park R.R. Ass'n, FD 34695 (STB served May 18, 
2005).
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    The transaction is expected to be consummated on or after July 30, 
2015, the effective date of the exemption.
    Applicants state that: (i) The carrier to be controlled pursuant to 
this notice of exemption (HIRR) does not connect with Tunnel's existing 
carrier (NAS); (ii) the subject acquisition of control proceeding is 
not part of a series of anticipated transactions that would connect the 
railroads with each other; and (iii) the transaction does not involve a 
Class I 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. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    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 July 23, 2015 
(at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings referring to Docket No. 
FD 35942, 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 John D. Heffner, Strasburger & Price, LLP, 
1025 Connecticut Ave. NW., Suite 717, Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: July 13, 2015.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-17562 Filed 7-15-15; 8:45 am]
BILLING CODE 4915-01-P