[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Notices]
[Pages 3847-3848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02155]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36256]


Central Railroad Company of Indianapolis--Change in Operators 
Exemption--Kokomo Rail, LLC

    Central Railroad Company of Indianapolis (CERA), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to assume operations over approximately 12.59 miles of track owned by 
Kokomo Rail, LLC (Kokomo Rail), extending from milepost 147.07 in 
Amboy, Ind., to milepost 134.48 in Marion, Ind. (the Line).
    According to CERA, the Line previously was leased to, and operated 
by, US RAIL Corporation (US Rail) until its lease expired on November 
25, 2018. See U.S. Rail Corp.--Lease & Operation Exemption--Winamac S. 
Ry., FD 35205 (STB served Dec. 31, 2008), corrected, FD 35205 (STB 
served Jan. 15, 2009). CERA states that, since then, Kokomo Rail has 
been providing service on an interim basis.\1\ CERA states that it will 
provide its own common carrier service over the Line pursuant to a 
lease to be executed shortly, and that it will begin operations on 
receipt of all regulatory approvals or exemptions. CERA states

[[Page 3848]]

that US Rail does not object to the proposed change in operators and 
will no longer operate over the Line.
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    \1\ CERA states that, because Kokomo Rail currently does not 
have railroad employees or equipment, Kokomo Rail has retained CERA 
to provide the interim common carrier service in the name and on 
behalf of Kokomo Rail.
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    CERA states that there are no existing interchange commitments with 
any connecting carriers and that none will be required as part of this 
transaction. CERA certifies that its projected annual revenues as a 
result of the transaction will not exceed those that would qualify it 
as a Class III carrier and will not exceed $5 million.
    Under 49 CFR 1150.42(b), a change in operator requires that notice 
be given to shippers. CERA certifies that it has provided notice of the 
proposed change in operators to Kokomo Grain, the only known shipper on 
the Line.
    The earliest this transaction may be consummated is February 27, 
2019 (30 days after the verified notice was filed).\2\
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    \2\ CERA submitted the verified notice during the partial 
shutdown of the Federal government from December 22, 2018, through 
January 25, 2019. Filings submitted during the partial shutdown are 
considered filed on January 28, 2019. See Filings Submitted or Due 
to Be Submitted During the Partial Fed. Gov't Shutdown, EP 751 (STB 
served Jan. 28, 2019).
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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 February 20, 
2019 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36256, 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 CERA, this action is excluded from environmental 
review under 49 CFR 1105.6(c) and from historic preservation reporting 
requirements under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available at www.stb.gov.

    Decided: February 7, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2019-02155 Filed 2-12-19; 8:45 am]
BILLING CODE 4915-01-P