[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Notices]
[Pages 69746-69747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27768]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35782]


Buckeye Railroad Holdings, LLC--Continuance in Control--Buckeye 
Hammond Railroad, LLC, and Buckeye East Chicago Railroad, LLC

    Buckeye Railroad Holdings, LLC (BRH), has filed a verified notice 
of exemption under 49 CFR 1180.2(d)(2) to continue in control of 
Buckeye Hammond Railroad, LLC (BHRR), and Buckeye East Chicago 
Railroad, LLC (BECRR), both Class III rail carriers.
    In November 2012, BECRR filed a verified notice of exemption under 
49 CFR 1150.31 to acquire from Buckeye Partners, L.P. (Buckeye), a 
noncarrier, and to operate approximately 7,065 feet of track, existing 
railroad right-of-way, and bulk liquid transloading facilities in East 
Chicago, Ind. Buckeye E. Chi. R.R.--Acquis. & Operation Exemption--
Buckeye Partners, L.P., FD 35698 (STB served Nov. 30, 2012). In 
December 2012, BHRR filed a verified notice of exemption under 49 CFR 
1150.31 to acquire from Buckeye and to operate approximately 6,797 feet 
of track, existing railroad right-of-way, and bulk liquid transloading 
facilities in Hammond, Ind. Buckeye Hammond R.R.--Acquis. & Operation 
Exemption--Buckeye Partners, L.P., FD 35697 (STB served Jan. 3, 2013).
    According to BRH, it owned and controlled both BECRR and BHRR 
before each became a Class III carrier. But BRH did not file for 
continuance in control authority until it filed this verified notice of 
exemption with the Board on November 4, 2013. Thus, the effective date 
of the exemption is December 4, 2013 (30 days after the verified notice 
of exemption was filed).\1\
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    \1\ The class exemption invoked by BRH does not provide for 
retroactive effectiveness. See DMH Trust fbo Martha M. Head--Aquis. 
of Control Exemption--Red River Valley & W. R.R. & Rutland Line, 
Inc., FD 35649 (STB served Aug. 8, 2012).
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    BRH represents that: (1) BECRR and BHRR do not connect with each 
other or any railroads in their corporate family; (2) the continuance 
in control of BECRR and BHRR is not part of a series of anticipated 
transactions that would connect the railroads with each other or any 
railroads in their corporate family; and (3) 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

[[Page 69747]]

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 carriers.
    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. 
Stay petitions must be filed no later than November 27, 2013 (at least 
7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35782, 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 Charles A. Spitulnik, Kaplan Kirsch & 
Rockwell LLP, 1001 Connecticut Avenue NW., Suite 800, Washington, DC 
20036.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: November 14, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-27768 Filed 11-19-13; 8:45 am]
BILLING CODE 4915-01-P