Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Notices 33803

enter and are not destroyed in the railroads.2 Applicants also state that Street NW., Suite 225, , DC United States; (2) PHMSA does not Sheffield Steel Corporation (Sheffield), a 20005. issue a SP and exercises agency noncarrier, currently controls Sand Board decisions and notices are discretion to forgo enforcement of the Springs. According to Applicants, available on our Web site at HMR for the 15-mile overland transport; Holdings and Sheffield have entered WWW.STB.DOT.GOV. (3) PHMSA issues a SP, inspects the into an agreement 3 dated May 23, 2014, Decided: June 9, 2014. drums for HMR compliance prior to the by which Holdings will acquire all of By the Board, Rachel D. Campbell, arrival in Arthur, and requires any the stock of Sand Springs. Once that Director, Office of Proceedings. non-compliant or unsafe drums to be transaction is consummated, Broe and Raina S. White, placed into salvage drums; and (4) Holdings will control Sand Springs. Clearance Clerk. PHMSA issues a SP for relief from the Applicants intend to consummate this HMR. transaction on or shortly after June 26, [FR Doc. 2014–13775 Filed 6–11–14; 8:45 am] The Draft EA is available online at 2014 (the effective date of the BILLING CODE 4915–01–P www.regulations.gov under docket exemption, 30 days after the notice of number PHMSA–2014–0085. The Draft exemption was filed). DEPARTMENT OF TRANSPORTATION EA is also available on PHMSA’s Web Applicants state that: (1) The rail lines site at http://phmsa.dot.gov/hazmat/ operated by OmniTRAX’s and BNS’s Surface Transportation Board port-arthur. The Draft EA is also railroads do not connect with the rail available for inspection locally at the lines operated by Sand Springs; (2) this [Docket No. FD 35831] following public library: Port Arthur transaction is not part of a series of Grainbelt Corporation—Trackage Public Library, 4615 9th Avenue (at anticipated transactions that would Rights Exemption—BNSF Railway Highway 73), Port Arthur, TX 77642, connect the rail lines operated by Sand Company and Stillwater Central 409–985–8838. The anticipated delivery Springs with any railroad in the Railroad, LLC date to Port Arthur necessitates an OmniTRAX or BNS corporate family; abbreviated comment period of 10 days. and (3) the transaction does not involve BNSF Railway Company (BNSF) and Issued in Washington, DC, on June 6, 2014. a Class I rail carrier. Therefore, the Stillwater Central Railroad, LLC f/k/a transaction is exempt from the prior Stillwater Central Railroad, Inc. (SLWC), Magdy El-Sibaie, approval acquirements of 49 U.S.C. pursuant to written trackage rights Associate Administrator for Hazardous 11323 pursuant to 49 CFR 1180.2(d)(2). agreements dated April 1, 2014, and Materials Safety, Pipeline and Hazardous Materials Safety Administration. Under 49 U.S.C. 10502(g), the Board May 21, 2014, respectively, have each may not use its exemption authority to agreed to amend their trackage rights [FR Doc. 2014–13685 Filed 6–11–14; 8:45 am] relieve a rail carrier of its statutory agreements with Grainbelt Corporation BILLING CODE 4910–60–P obligation to protect the interests of its (GNBC),1 which together will allow employees. Section 11326(c), however, GNBC to provide local service to a grain DEPARTMENT OF TRANSPORTATION does not provide for labor protection for shuttle facility in Eldorado, Okla. transactions under 11324 and 11325 (between Altus and Quanah). Surface Transportation Board that involve only Class III rail carriers. Specifically, BNSF is amending its Accordingly, the Board may not impose trackage rights with GNBC regarding [Docket No. FD 35829] labor protective conditions here, service over the connecting line because all of the carriers involved are between the connection with SLWC east Patrick D. Broe and Sand Springs Class III carriers. of Long (milepost 668.73) and Quanah Holdings, LLC—Acquisition of Control If the verified notice contains false or (milepost 723.30), and SLWC is Exemption— misleading information, the exemption amending its trackage rights with GNBC Company is void ab initio. Petitions to revoke the regarding service between Snyder Yard exemption under 49 U.S.C. 10502(d) (milepost 664.00) and its connection Patrick D. Broe (Broe) and Sand may be filed at any time. The filing of with BNSF east of Long (milepost Springs Holdings, LLC (Holdings) a petition to revoke will not 668.73).2 (collectively, Applicants), both automatically stay the effectiveness of noncarriers, have filed a verified notice the exemption. Petitions to stay must be 1 GNBC already held overhead trackage rights of exemption under 49 CFR 1180.2(d)(2) filed no later than June 19, 2014 (at least granted by the predecessor of BNSF between to acquire control of Sand Springs Snyder Yard, Okla. (milepost 664.00) and Quanah, 7 days before the exemption becomes Tex. (milepost 723.30), under which GNBC has the Railway Company (Sand Springs), a effective). right to interchange at Quanah with BNSF and Class III railroad. An original and 10 copies of all Company. BNSF Applicants state that Broe directly pleadings, referring to Docket No. FD subsequently sold a portion of the subject trackage to SLWC. The original trackage rights were controls Holdings, OmniTRAX, Inc. 35829, must be filed with the Surface supplemented in 2009 to allow GNBC to operate (OmniTRAX), a noncarrier company Transportation Board, 395 E Street SW., between Snyder and Altus, Okla., with the right to that controls 12 Class III railroads,1 and Washington, DC 20423–0001. In perform limited local service at Long, Okla. See BNS Holding, Inc. (BNS), a noncarrier addition, a copy must be served on Karl Grainbelt Corp.—Trackage Rights Exemption— BNSF Ry. & Stillwater Cent. R.R., FD 35332 (STB that indirectly controls three Class III Morell, Ball Janik LLP, 655 Fifteenth served Dec. 17, 2009). The trackage rights were further amended in 2013 to allow GNBC to provide 1 Those 12 railroads are: Rail Link, LLC; 2 Those three railroads are: Nebraska, and local grain service to a shuttle facility at Headrick, Woodlands Railroad, LLC; Great Western Railway, LLC; Railway, LLC; and Okla. See Grainbelt Corp.—Trackage Rights Railway of Colorado, LLC; Manufacturers’ Junction Georgia & Florida Railway, LLC. Exemption—BNSF Ry. & Stillwater Cent. R.R., FD Railway, LLC; Newburgh & South Shore Railroad, 3 A redacted version of the agreement between 35719 (STB served Mar. 15, 2013). The original and LLC; Northern & Western Railway, LLC; Holdings and Sheffield was filed with the notice of supplemental trackage rights would not be affected Panhandle Northern Railroad, LLC; Alliance exemption. An unredacted version was filed by the amended trackage rights that are the subject Terminal Railroad, LLC; Fulton County Railway, concurrently under seal, along with a motion for of this proceeding. LLC; & Tennessee River Railway, LLC; protective order pursuant to 49 CFR 1104.14(b). 2 Redacted versions of the trackage rights Kettle Falls International Railway, LLC; and That motion will be addressed in a separate agreements between GNBC/BNSF and GNBC/SLWC Stockton Terminal and Eastern Railroad. decision. Continued

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