Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices 20009 

1According to RRR, the line does not have 

mileposts. 

2See Effingham RR Co.—Pet. For Declaratory 

Order, 2 S.T.B. 606 (1997), aff’d sub nom., United 

Transp. Union v. Surface Transp. Bd., 183 F.3d 606 

(7 Cir. 1999); see also Bulkmatic Railroad 

Corporation—Acquisition & Operation 

Exemption—Bulkmatic Transport Company, STB 

Finance Docket No. 34145 (STB served Nov. 19, 

2002). 

1990 there have been 58 reported 

instances of a vessel or its equipment 

striking a submerged pipeline offshore, 

and 64 reported instances where a 

submerged pipeline was either 

uncovered or presented a hazard to 

navigation. No incidents were found 

outside of the Gulf of Mexico. 

The study addresses the impact of 

pipeline depth of burial and vessels in 

waters less than 15 feet of depth. 

PHMSA anticipates there will be 

changes in the offshore environment, 

such as liquefied natural gas import 

facilities. PHMSA is working with the 

Federal Energy Regulatory Commission 

to ensure adequate protection of LNG 

lines. PHMSA provides FERC with 

findings from our safety analysis for 

consideration of conditional terms for 

granting permits. Therefore, PHMSA has 

the ability to get safety concerns 

addressed through FERC by adding 

them as conditions of a permit. In 

addition, climate change may adversely 

affect offshore pipeline infrastructure by 

causing shifts in weather patterns, water 

depth or vessel traffic. PHMSA requests 

comments on the study to assist in 

evaluating the need for further analysis 

due to these anticipated changes in the 

offshore environment. 

Authority: 49 U.S.C. 60102, 60115. 

Issued in Washington, DC on April 16, 

2007. 

Joy Kadnar, 

Acting Associate Administrator for Pipeline 

Safety. 

[FR Doc. E7–7482 Filed 4–19–07; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35017] 

Mark K. Smith—Continuance in 

Control Exemption—Rock River 

Railroad, Inc. 

Mark K. Smith (applicant) has filed a 

verified notice of exemption to continue 

in control of Rock River Railroad, Inc. 

(RRR), upon RRR’s becoming a Class III 

rail carrier. 

The earliest this transaction may be 

consummated is the May 6, 2007 

effective date of the exemption (30 days 

after the exemption was filed). 

This transaction is related to the 

concurrently filed notice of exemption 

in STB Finance Docket No. 35016, Rock 

River Railroad, Inc.—Acquisition and 

Operation Exemption—Rail Lines of 

Renew Energy, LLC. In that proceeding, 

RRR seeks to acquire and operate 

approximately 2,100 feet of rail line, 

located within the plant site of Renew 

Energy, LLC (RE), in Jefferson, Jefferson 

County, WI (the line). RRR will provide 

common carrier rail operations over the 

line and interchange with Union Pacific 

Railroad Company. 

Applicant is a noncarrier and 

currently controls Rail & Transload, Inc. 

(R&T), a Class III rail carrier. 

Applicant states that: (1) The rail 

properties operated by R&T and those to 

be operated by RRR do not connect with 

each other or any railroads in their 

corporate family; (2) the continuance in 

control is not part of a series of 

anticipated transactions that would 

connect the rail lines of R&T and RRR 

with each other or any railroads in their 

corporate family; and (3) the transaction 

does not involve a Class I railroad. 

Therefore, the transaction is exempt 

from the prior approval requirements of 

49 U.S.C. 11323. See 49 CFR 

1180.2(d)(2). The purpose of this 

transaction is to allow applicant to 

continue in control of RRR after RRR 

becomes a Class III rail carrier. 

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 section 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 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 April 27, 2007 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35017, 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 Thomas F. 

McFarland, 208 South LaSalle St., Suite 

1890, Chicago, IL 60604–1112. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 13, 2007. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. E7–7586 Filed 4–19–07; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35016] 

Rock River Railroad, Inc.—Acquisition 

and Operation Exemption—Rail Lines 

of Renew Energy, LLC 

Rock River Railroad, Inc. (RRR), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

acquire from Renew Energy, LLC (RE), 

and to operate approximately 2,100 feet 

of rail line, located within the plant site 

of RE, in Jefferson, Jefferson County, WI 

(the line).1

This transaction is related to the 

concurrently filed notice of exemption 

in STB Finance Docket No. 35017, Mark 

K. Smith—Continuance in Control 

Exemption—Rock River Railroad, Inc., 

wherein Mark K. Smith seeks to 

continue in control of RRR upon its 

becoming a Class III rail carrier. 

RRR states that the line connects with 

Union Pacific Railroad Company at both 

of its termini. RRR further states that, 

although the line has been owned and 

operated by RE as private track and 

might otherwise be considered to be 

spur, industrial, or switching track 

exempt from the Board’s acquisition and 

operation authority under 49 U.S.C. 

10906, it constitutes a line of railroad 

for which an exemption from the Board 

is required because it is RRR’s initial 

rail acquisition and operation.2

RRR certifies that its projected annual 

revenues as a result of the transaction 

will not exceed those that would qualify 

it as a Class III rail carrier and will not 

exceed $5 million. 

The earliest this transaction may be 

consummated is the May 6, 2007 

effective date of the exemption (30 days 

after the exemption was filed). 

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 


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