[Federal Register Volume 83, Number 217 (Thursday, November 8, 2018)]
[Notices]
[Pages 55926-55927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24428]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36236]


Wolf Creek Railroad LLC--Lease and Operation Exemption--American 
Ordnance LLC, Owner's Representative for U.S. Army Joint Munitions 
Command

    Wolf Creek Railroad LLC (Wolf Creek), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease from 
American Ordnance LLC (AO), as owner's representative for the U.S. Army 
Joint Munitions Command (JMC), and to operate, approximately ten miles 
of track (the Line) \1\ within the Milan Army Ammunition Plant 
(Plant).\2\ According to Wolf Creek, there are no mileposts assigned to 
the Line. The Line is located in Gibson County, Tenn., on a portion of 
the Plant that JMC no longer needs and that will be repurposed as a 
business park.
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    \1\ Wolf Creek states that the lease also includes other tracks 
that will be operated by Wolf Creek as yard and industrial tracks 
for which no Board authority is required.
    \2\ The Plant is owned by JMC. According to Wolf Creek, AO and 
JMC are parties to an Operations and Maintenance Agreement that 
permits AO to grant rights to use certain property within the Plant, 
including the railroad tracks.
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    Wolf Creek states that, upon consummation of the transaction and 
the commencement of operations, Wolf Creek will be a Class III carrier. 
Wolf Creek states that it is leasing the Line in order to provide 
common carrier rail service to transload customers and other rail 
customers that may locate in the planned business park. Wolf Creek 
states it that will originate and terminate freight traffic and conduct 
loading and unloading operations and that it will also offer rail car 
storage and car repair services within the Plant. According to Wolf 
Creek, the Line connects with CSX Transportation, Inc. (CSXT), and West 
Tennessee Railroad (WTNN) at Milan, Tenn., and Wolf Creek will seek to

[[Page 55927]]

establish interchange with both CSXT and WTNN.
    This transaction is related to a concurrently filed verified notice 
of exemption in Eyal Shapira--Continuance in Control Exemption--Iowa & 
Middletown Railway, Docket No. FD 36232, in which Eyal Shapira seeks 
Board approval to continue in control of Wolf Creek upon Wolf Creek's 
becoming a Class III rail carrier.\3\
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    \3\ The verified notice of exemption in Docket No. FD 36232 also 
relates to a verified notice of exemption in Iowa & Middletown 
Railway--Lease & Operation Exemption--American Ordinance LLC, 
Owner's Representative for U.S. Army Joint Munitions Command, Docket 
No. FD 36231.
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    Wolf Creek certifies that its projected annual revenues as a result 
of this transaction will not exceed $5 million or result in the 
creation of a Class II or Class I rail carrier. Wolf Creek also 
certifies that the lease does not impose or include an interchange 
commitment.
    The earliest this transaction may be consummated is November 22, 
2018, the effective date of the exemption (30 days after the verified 
notice was filed). Wolf Creek states that it expects to commence common 
carrier operations on January 1, 2019.
    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 to stay must be filed by November 15, 2018 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36236, 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 Eric M. Hocky, Clark Hill PLC, One Commerce 
Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103.
    According to Wolf Creek, this action is exempt from environmental 
review under 49 CFR 1105.6(c) and exempt from historic review under 49 
CFR 1105.8(b).
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: November 2, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-24428 Filed 11-7-18; 8:45 am]
 BILLING CODE 4915-01-P