Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Notices 41993

8. Perform surveys to determine the wherein RSL is seeking Board authority By the Board, Rachel D. Campbell, depth of cover over pipelines and the to operate an approximately 1.27-mile Director, Office of Proceedings. condition of any exposed pipelines, line in Massillon, Stark County, Ohio. Raina S. White, such as those crossing scour holes. The transaction may be consummated Clearance Clerk. Where appropriate, surveys of on or after July 26, 2013 (the effective [FR Doc. 2013–16741 Filed 7–11–13; 8:45 am] underwater pipe should include the use date of this exemption). BILLING CODE 4915–01–P of visual inspection by divers or THS states that it has a 50% instrumented detection. Information ownership interest in RSL, with the gathered by these surveys should be remaining interest equally split among DEPARTMENT OF TRANSPORTATION shared with affected landowners. three other individuals.1 THS states that Surface Transportation Board Agricultural agencies may help to it also owns 100% of Big Spring Rail inform farmers of the potential hazard System, Inc., a Class III rail carrier that from reduced cover over pipelines. operates in Big Spring, Texas.2 [Docket No. FD 35729] 9. Ensure that line markers are still in THS certifies that: (1) The rail line to place or replaced in a timely manner. Ann Arbor Railroad, Inc.—Lease be operated by RSL does not connect Notify contractors, highway Exemption—Norfolk Southern Railway with any other railroads in the THS departments, and others involved in Company corporate family; (2) the continuance in post-flood restoration activities of the control is not part of a series of Under 49 CFR 1011.7(a)(2)(x)(A), the presence of pipelines and the risks anticipated transactions that would Director of the Office of Proceedings posed by reduced cover. connect the rail line to be operated by (Director) is delegated the authority to If a pipeline has suffered damage, is RSL with any other railroad in the THS determine whether to issue notices of shut-in, or is being operated at a corporate family; and (3) the transaction exemption under 49 U.S.C. 10502 for reduced pressure as a precautionary does not involve a Class I rail carrier. lease and operation transactions under measure due to flooding, the operator Therefore, the transaction is exempt 49 U.S.C. 10902. However, the Board should advise the appropriate PHMSA from the prior approval requirements of reserves to itself the consideration and regional office or state pipeline safety 49 U.S.C. 11323. See 49 CFR disposition of all matters involving authority before returning the line to 1180.2(d)(2). issues of general transportation service, increasing its operating importance. 49 CFR 1011.2(a)(6). pressure, or otherwise changing its Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to Accordingly, the Board revokes the operating status. Furthermore, reporting delegation to the Director with respect a Safety Related Condition as prescribed relieve a rail carrier of its statutory obligation to protect the interests of its to issuance of the notice of exemption in §§ 191.23 and 195.55 may also be for lease and operation of the rail line required. employees. Section 11326(c), however, does not provide for labor protection for at issue in this case. The Board Issued in Washington, DC on July 8, 2013. transactions under 11324 and 11325 determines that this notice of exemption Jeffrey D. Wiese, that involve only Class III rail carriers. should be issued, and does so here. Associate Administrator for Pipeline Safety. Accordingly, the Board may not impose Notice [FR Doc. 2013–16754 Filed 7–11–13; 8:45 am] labor protective conditions here because Ann Arbor Railroad, Inc. (AARR), a BILLING CODE 4910–60–P all of the carriers involved are Class III carriers. Class III rail carrier, has filed a verified notice of exemption under 49 CFR If the notice contains false or DEPARTMENT OF TRANSPORTATION 1150.41 to lease from Norfolk Southern misleading information, the exemption Railway Company (NSR) two rail lines is void ab initio. Petitions to revoke the Surface Transportation Board totaling 3.69 miles: (1) A line of railroad exemption under 49 U.S.C. 10502(d) between milepost CS 1.26 and milepost [Docket No. FD 35726] may be filed at any time. The filing of CS 2.65 in Toledo, Ohio; and (2) a line a petition to revoke will not Transport Handling Specialists, Inc.— of railroad between milepost GY 85.40 automatically stay the effectiveness of and GY 87.70 in Toledo (the Lines). Continuance in Control Exemption— the exemption. Stay petitions must be RSL Railroad, LLC According to AARR, it has entered into filed no later than July 19, 2013 (at least a Lease Agreement (Agreement) with Transport Handling Specialists, Inc. 7 days before the exemption becomes NSR whereby AARR will lease the Lines (THS), has filed a verified notice of effective). from NSR. The term of the lease is 10 exemption (Notice) under 49 CFR An original and 10 copies of all years. 1180.2(d)(2) to continue in control of pleadings, referring to Docket No. FD Pursuant to 49 CFR 1150.43(h), AARR RSL Railroad, LLC (RSL), upon RSL’s 35726, must be filed with the Surface has disclosed that the Agreement becoming a Class III rail carrier. By Transportation Board, 395 E Street SW., contains an interchange commitment in decision served May 15, 2013, the Board Washington, DC 20423–0001. In the form of lease credits, depending on held the publication and effectiveness of addition, one copy of each pleading the number of carloads interchanged the Notice in abeyance pending record must be served on Baxter Wellmon, with NSR in a given year.1 AARR states supplementation and further Board 1554 Paoli Pike #179, West Chester, PA that the interchange commitment will action. THS supplemented the record on 19380. enable it to ‘‘invest in improvements on June 3, 2013, and June 17, 2013. The Board decisions and notices are the lines and increase traffic levels.’’ 2 abeyance in this proceeding will be available on our Web site at lifted upon service of this Notice. ‘‘www.stb.dot.gov.’’ 1 AARR has filed under seal, pursuant to 49 CFR This transaction is related to a Decided: July 9, 2013. 1150.43(h)(1)(ii), a confidential, complete version of verified notice of exemption filed in the Agreement. On July 1, 2013, the Brotherhood of Locomotive Engineers and Trainmen filed a motion RSL Railroad LLC—Operation 1 Notice 3 (Apr. 29, 2013); Notice, Ex. 3, Schedule for access to the Agreement. That motion will be Exemption—Massillon Energy & A. addressed in a separate decision. Technology Park, Docket No. FD 35672, 2 Supplement 2 (June 17, 2013). 2 Notice 4.

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The Lines connect with AARR at AARR Decided: July 9, 2013. Handling Specialists, Inc.—Continuance milepost 0.0 (Galena Street) and AARR By the Board, Chairman Elliott, Vice in Control Exemption—RSL Railroad, milepost 1.0 (Manhattan Junction) in Chairman Begeman, and Commissioner LLC, Docket No. FD 35726, in which Toledo. Traffic moving to and from the Mulvey. Commissioner Mulvey dissented Transport Handling Specialists, Inc. Lines will have access to AARR with a separate expression. (THS), is seeking Board authority to connecting carriers NSR, Canadian Jeffrey Herzig, continue in control of RSL upon RSL’s National Railway Company (CN), CSX Clearance Clerk. becoming a Class III rail carrier. Transportation, Inc., and Wheeling & Commissioner Mulvey, Dissenting RSL states that it will operate over Lake Erie Railway in Toledo; the track that will be rehabilitated. RSL Indiana and Ohio Railway and CN in I disagree with the Board’s decision to states that it intends to interchange Diann, Mich.; NSR in Milan, Mich.; and allow this transaction to be processed under traffic with ‘‘the NS Industrial line,’’ 1 the class exemption procedures because I Great Lakes Central Railroad in Ann and possibly with R.J. Corman Railroad. 3 believe that additional scrutiny of the Arbor, Mich. In addition, RSL states that the AARR certifies that its projected interchange commitment is necessary. memorandum of understanding 2 annual revenues as a result of this Although AARR asserts that the interchange commitment (which takes the form of a per between RSL and Massillon does not transaction will not result in AARR car lease credit) will enable it to invest in the contain any interchange commitments, becoming a Class I or Class II rail carrier two leased lines, this is a generic rationale and that there will be no interchange but that its projected annual revenues that sheds no light on how the interchange commitments between RSL and its will exceed $5 million. On June 24, commitment will affect competition. connecting carriers. 2013, AARR certified to the Board that Moreover, the leased lines, although short, it posted the notice required by 49 CFR contain many potential interchange points. The transaction may be consummated 1150.42(e) at the workplace of the The interchange commitment in the lease on or after July 26, 2013 (the effective employees on the Lines, and that it agreement creates a disincentive for AARR to date of this exemption). interchange with the five other carriers with served a copy of the notice on the which it connects. The Board needs to take RSL certifies that its projected annual national offices of the labor unions with a closer look at transactions such as these revenues as a result of the transaction employees on the Lines. that purport to increase investment will not exceed those that would make The earliest the transaction can be incentives but also serve to limit competition it a Class III rail carrier and will not consummated is August 23, 2013, (60 that might otherwise develop.1 exceed $5 million. days after AARR submitted its [FR Doc. 2013–16782 Filed 7–11–13; 8:45 am] If the verified notice contains false or certification to the Board). See 49 CFR BILLING CODE 4915–01–P 1150.42(e); Progressive Rail Inc.— misleading information, the exemption Acquis. & Operation Exemption—Rail is void ab initio. Petitions to revoke the Lines of Crab Orchard & Egyptian R.R., DEPARTMENT OF TRANSPORTATION exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of FD 35656, slip op. at 2–3 (STB served Surface Transportation Board Oct. 5, 2012). a petition to revoke will not If the verified notice contains false or [Docket No. FD 35672] automatically stay the effectiveness of misleading information, the exemption the exemption. Stay petitions must be is void ab initio. Petitions to revoke the RSL Railroad LLC—Operation filed by July 19, 2013 (at least seven exemption under 49 U.S.C. 10502(d) Exemption—Massillon Energy & days before the exemption becomes may be filed at any time. The filing of Technology Park effective). a petition to revoke would not On September 10, 2012, RSL Railroad, An original and 10 copies of all automatically stay the effectiveness of LLC (RSL), filed a verified notice of pleadings, referring to Docket No. FD the exemption. Stay petitions must be exemption (Notice) under 49 CFR 35672, must be filed with the Surface filed no later than August 16, 2013 (at 1150.31 to operate an approximately Transportation Board, 395 E Street SW., least seven days before the exemption 1.27-mile line, in Massillon, Stark Washington, DC 20423–0001. In becomes effective). County, Ohio, from milepost 0.0 to addition, a copy of each pleading must An original and 10 copies of all milepost 1.27± (the Line), pursuant to be served on Baxter Wellmon, 1554 pleadings, referring to Docket No. FD an agreement with Massillon Energy & Paoli Pike #179, West Chester, PA 35729, must be filed with the Surface Technology Park (Massillon), the owner 19380. Transportation Board, 395 E Street SW., of the Line. By decision served October Board decisions and notices are Washington, DC 20423–0001. In 3, 2012, on RSL’s motion, the Board available on our Web site at addition, one copy of each pleading held the Notice in abeyance pending www.stb.dot.gov. must be served on Karl Morell, BALL record supplementation and further JANIK LLP, 655 Fifteenth Street NW., Decided: July 9, 2013. Board action. RSL supplemented the By the Board, Rachel D. Campbell, Suite 225, Washington, DC 20005. record on April 26, 2013, and June 4, Board decisions and notices are Director, Office of Proceedings. 2013. The abeyance in this proceeding Jeffrey Herzig, available on our Web site at will be lifted upon service of this Clearance Clerk. ‘‘www.stb.dot.gov.’’ Notice. It is ordered: This transaction is related to a notice [FR Doc. 2013–16753 Filed 7–11–13; 8:45 am] 1. The delegation of authority to the of exemption filed in Transport BILLING CODE 4915–01–P Director of the Office of Proceedings under 49 CFR 1011.7(a)(2)(x)(A) to 1 In Information Required in Notices and Petitions 1 Notice 3 (Sept. 10, 2012). The reference is to determine whether to issue a notice of Containing Interchange Commitments, EP 714 (STB Norfolk Southern Railway. exemption in this proceeding is served Nov. 1, 2012), the Board proposed new rules 2 Because Massillon is not a common carrier revoked. that would require carriers to disclose more subject to Board jurisdiction, RSL filed with the 2. This decision is effective on the information when proposing transactions, such as Board a copy of its memorandum of understanding this one, that contain an interchange commitment. with Massillon. See Anthony Macrie—Continuance date of service. The comment period in this rulemaking closed in in Control Exemption—N.J. Seashore Lines, Inc., FD January 2013 and the matter remains pending at the 35296, et al., slip op. at 3 (STB served Aug. 31, 3 Id. at 5. Board. 2010).

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