[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Notices]
[Pages 87122-87123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28943]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36070]


Kokomo Rail, LLC--Acquisition and Operation Exemption--Rail Line 
of Indian Creek Railroad Company

    Kokomo Rail, LLC (KR), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to acquire and 
operate approximately 4.55 miles of rail line (the Line), from Indian 
Creek Railroad Company (ICRK).\1\ According to KR's notice, the Line 
extends between a point of connection to Norfolk Southern Railway 
Company at or near Florida Station and the end of track northwest of 
Anderson, Ind., a distance of 4.55 miles in Madison County, Ind. The 
Line does not have milepost designations.
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    \1\ KR filed the verified notice of exemption on October 27, 
2016, a letter supplementing the record on November 7, 2016, and an 
amended verified notice on November 17, 2016.
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    KR states that in Kokomo Rail Co., Inc.--Acquisition and Operation 
Exemption--Rail Line of Indian Creek Railroad Company, FD 36054 (STB 
served Aug. 18, 2016), Kokomo Rail Co., Inc. (KRC) was authorized to 
acquire and operate ICRK's rail line. However, according to KR, KRC's 
corporate identity had been dissolved before that notice was filed. KR 
further states that KRC's authority to acquire and operate ICRK's rail 
was not consummated.
    KR certifies that its projected annual revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier, that its projected annual revenue will not exceed $5 
million, and that the transaction does not involve any interchange 
commitments.
    The earliest this transaction may be consummated is December 17, 
2016, the effective date of the exemption (30 days after the amended 
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 transaction. Petitions for stay 
must be filed no later than December 9, 2016 (at least 7 days before 
the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36070, 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 Thomas F. McFarland, Thomas F. McFarland, 
P.C., 208 South LaSalle Street, Suite 1666, Chicago, IL 60604.
    According to KR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: November 25, 2016.


[[Page 87123]]


    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.

Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-28943 Filed 12-1-16; 8:45 am]
 BILLING CODE 4915-01-P