[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Notices]
[Pages 22111-22112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10059]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36185]


Hainesport Industrial Railroad, LLC--Lease and Operation 
Exemption--Hainesport Secondary Railroad, LLC

    Hainesport Industrial Railroad, LLC (Hainesport Industrial), a 
Class III rail carrier, has filed a verified notice of exemption under 
49 CFR 1150.41 to lease and operate a line of railroad consisting of a 
yard, grounds, and improvements thereon (the Line), owned by its 
corporate affiliate, Hainesport Secondary Railroad, LLC (Hainesport 
Secondary). The Line is located at Block 104 of Lot 11 on the Tax Map 
of the Township of Hainesport, NJ, at 5900 Delaware Avenue. The Line 
includes a permanent easement running over Block 104, Lot 8.01, on the 
Tax Map of Hainesport.\1\
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    \1\ Hainesport Industrial states that there are no milepost 
designations associated with the Line.
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    The verified notice states that Hainesport Industrial and 
Hainesport Secondary entered into a 10-year lease agreement on January 
1, 2016, but did not realize that the lease and operation agreement 
required Board approval.

[[Page 22112]]

    Hainesport Industrial states that the transaction will not result 
in it becoming a Class I or Class II rail carrier but that its 
projected annual revenues will exceed $5 million. Accordingly, 
Hainesport Industrial is required, at least 60 days before this 
exemption is to become effective, to send notice of the transaction to 
the national office of the labor unions with employees on the affected 
lines, post a copy of the notice at the workplace of the employees on 
the affected lines, and certify to the Board that it has done so. 49 
CFR 1150.42(e).
    Hainesport Industrial, concurrently with its notice of exemption, 
filed a letter requesting waiver of the 60-day advance labor notice 
requirement under Sec.  1150.42(e), asserting that: (1) Hainesport 
Secondary will be the entity actually performing rail operations and 
employing personnel; and (2) no Hainesport Industrial employees will be 
affected because Hainesport Industrial does not have any employees. 
Hainesport Industrial's waiver request will be addressed in a separate 
decision. The Board will establish in the decision on the waiver 
request the date this exemption will become effective.
    Hainesport Industrial also certifies that the proposed acquisition 
does not involve an interchange commitment or other limitation of 
future interchange with a third-party connecting carrier.\2\
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    \2\ The verified notice of exemption includes conflicting 
information regarding the existence of interchange commitments. See 
Verified Notice of Exemption 7. However, in a letter filed on May 4, 
2018, Hainesport Industrial certified that ``there are no 
interchange commitments involved in this transaction.'' The letter 
cites 49 CFR part 1180. The correct regulation governing disclosure 
of interchange agreements in this proceeding is 49 CFR 1150.43(h), 
but as the relevant portion of the regulations in parts 1150 and 
1180 are identical, the certification is adequate.
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    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 May 18, 2018.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36185, 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 John D. Heffner, ClarkHillStrasburger, 1025 
Connecticut Avenue NW, Suite 717, Washington, DC 20036.
    According to Hainesport Industrial, this action is exempt from 
environmental review under 49 CFR 1105.6(c) and exempt from historic 
review under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: May 8, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2018-10059 Filed 5-10-18; 8:45 am]
 BILLING CODE 4915-01-P