[Federal Register Volume 83, Number 217 (Thursday, November 8, 2018)]
[Notices]
[Page 55926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24427]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36232]
Eyal Shapira--Continuance in Control Exemption--Iowa & Middletown
Railway LLC and Wolf Creek Railroad LLC
Eyal Shapira (Shapira), an individual, has filed a verified notice
of exemption under 49 CFR 1180.2(d)(2) to continue in control of Iowa &
Middletown Railway LLC (I&M) and Wolf Creek Railroad LLC (Wolf Creek)
upon I&M's and Wolf Creek's becoming Class III rail carriers.
This transaction is related to a verified notice of exemption filed
concurrently in Wolf Creek Railroad--Lease & Operation Exemption--
American Ordnance LLC, Owner's Representative for U.S. Army Joint
Munitions Command, Docket No. FD 36236, in which Wolf Creek seeks
authority to lease from American Ordinance LLC (AO) and operate
approximately ten miles of rail line in Tennessee, and a verified
notice of exemption filed on October 12, 2018, in Iowa & Middletown
Railway--Lease & Operation Exemption--American Ordnance LLC, Owner's
Representative for US. Army Joint Munitions Command, Docket No. FD
36231, in which I&M seeks authority to lease from AO and operate
approximately four miles of rail line in Iowa.
The earliest this transaction may be consummated is November 22,
2018, the effective date of the exemption (30 days after the verified
notice of exemption was filed).\1\
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\1\ Although notice of I&M's lease and operation exemption in
Docket No. FD 36231 was served and published in the Federal Register
on October 26, 2018, the effective date was held in abeyance pending
review of Shapira's verified notice here. Concurrently with this
notice, a decision is being issued in Docket No. FD 36231 making
I&M's exemption effective, unless stayed, on November 22, 2018,
consistent with this one.
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According to the verified notice of exemption, Shapira currently
controls, through equity ownership, two Class III carriers
(Pennsylvania & Southern Railway (PSRR) and Raritan Central Railway,
LLC (Raritan Central)). Shapira is filing this verified notice to
enable his continuance in control of I&M and Wolf Creek when they
become carriers.
Shapira represents that: (1) The rail lines to be operated by I&M
and Wolf Creek do not connect with each other or with the other
railroads currently controlled by Shapira; (2) the continuance in
control is not part of a series of anticipated transactions that would
connect I&M and Wolf Creek with each other or the rail lines of the
other railroads currently controlled by Shapira; and (3) the
transaction does not involve a Class I carrier. The proposed
transaction is therefore exempt from the prior approval requirements of
49 U.S.C. 11323 pursuant to 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 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 for stay must be filed no later than 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 36232, 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 Shapira, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c).
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. 2018-24427 Filed 11-7-18; 8:45 am]
BILLING CODE 4915-01-P