[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Page 71159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24870]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35347 (Sub-No. 1)]


Elkhart & Western Railroad Co.--Amended Lease and Operation 
Exemption Containing Interchange Commitment--Norfolk Southern Railway 
Company

    Elkhart & Western Railroad Co. (EWR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to continue 
to lease and operate approximately 23.0 miles of rail line from Norfolk 
Southern Railway Company (NSR) between MP I 108.6 +/- (at Argos, Ind.) 
to MP I 131.6 +/- (at Walkerton, Ind.) (the Line).\1\
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    \1\ EWR also has local trackage rights over approximately 13 
miles of rail line owned by Fulton County, LLC, extending from MP 1-
95.6 at Rochester, Fulton County, Ind., to MP I-108.6, where it 
connects with the Line. Elkhart & W. R.R.--Trackage Rights 
Exemption--Fulton Cty., LLC, FD 35453 (STB served Feb. 9, 2011).
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    According to EWR, it first entered into a lease agreement (Original 
Agreement) with NSR in 2010. See Elkhart & W. R.R.--Lease & Operation 
Exemption--Norfolk S. Ry., FD 35347 (STB served Feb. 19, 2010). On July 
21, 2016, EWR and NSR agreed to amend the Original Agreement (1st 
Agreement Amendment) to extend the agreement's termination date an 
additional five years, through December 31, 2024, and amend certain 
other specific terms of the agreement.\2\ EWR states that the 1st 
Agreement Amendment will take effect on or after the effective date of 
the notice of exemption.
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    \2\ EWR filed a confidential, complete version of the 1st 
Agreement Amendment with its notice of exemption to be kept 
confidential by the Board under 49 CFR 1104.14(a) without the need 
for the filing of an accompanying motion for protective order under 
49 CFR 1104.14(b).
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    According to EWR, it will continue to interchange traffic with NSR 
at a track in the vicinity of the Argo Yard. EWR states that the 
Original Agreement, as modified by the 1st Agreement Amendment, does 
not prohibit or limit EWR from interchanging with third-party 
connecting carriers that connect to the Line, nor does the modified 
agreement set forth terms governing EWR's interchange of traffic with 
such third-party carriers. According to EWR, the Original Agreement, as 
modified by the 1st Agreement Amendment, contains a provision 
specifically permitting EWR unrestricted interchange with other 
carriers. However, EWR certifies that the Original Agreement, as 
modified by the 1st Agreement Amendment, does contain lease credits, a 
type of interchange commitment. As required under 49 CFR 1150.43(h)(1), 
EWR has disclosed in its verified notice that the Original Agreement, 
as modified by the 1st Agreement Amendment, affects the interchange 
point of MP I 131.6 +/- (at Walkerton, Ind.) and MP 118.3 (at Plymouth, 
Ind.). EWR has also provided additional information regarding the 
interchange commitment.
    EWR also certifies that the projected annual revenues do not exceed 
those that would qualify it as a Class II or Class I rail carrier and 
would not exceed $5 million.
    The proposed transaction may be consummated on October 29, 2016, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed). 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. Petitions to stay must be filed no later than October 
21, 2016 (at least seven days before the exemption becomes effective.)
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35347 (Sub-No. 1), must be filed with the Surface Transportation 
Board, 395 E Street SW., Washington, DC 20423-0001. In addition, a copy 
of each pleading must be served on applicant's representative, William 
A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, 
Washington, DC 20037.
    Board decisions and notices are available on our Web site at 
``WWW.STB.GOV.''

    Decided: October 11, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Marline Simeon,
Clearance Clerk.
[FR Doc. 2016-24870 Filed 10-13-16; 8:45 am]
 BILLING CODE 4915-01-P