[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Notices]
[Page 35919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15829]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36329]


Bucyrus Industrial Railroad, LLC--Operation Exemption--Bucyrus 
Railcar Repair, LLC

    Bucyrus Industrial Railroad, LLC (BIR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to operate, pursuant 
to an agreement with Bucyrus Railcar Repair, LLC (BRR),\1\ 
approximately 26,400 feet (5.0 miles) of track owned by BRR in Bucyrus, 
Ohio (the Line), which connects to a Norfolk Southern Railway Company 
line.
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    \1\ BIR states that BIR and BRR are affiliates under common 
ownership by Cathcart Rail, LLC, a noncarrier.
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    According to BIR, there are no mileposts on the Line. BIR states 
that, pursuant to an operating agreement with BRR, BIR would provide 
common carrier rail service over the Line, which would include the 
provision of rail service to BRR, as well as bulk transloading and 
container transfer services to the public.
    BIR states that the Line is currently operated by BRR as excepted 
track under 49 U.S.C. 10906. However, because BIR will operate the Line 
as its entire line of railroad, it asserts that it will become a rail 
carrier upon consummation of the proposed transaction. See Effingham 
R.R.--Pet. for Declaratory Order--Constr. at Effingham, Ill., 2 S.T.B. 
606, 609-10 (1997), aff'd sub nom. United Transp. Union-Ill. 
Legislative Bd. v. STB, 183 F.3d 606 (7th Cir. 1999).
    BIR certifies that its projected annual revenues as a result of 
this transaction would not exceed those that would qualify it as a 
Class III rail carrier and would not exceed $5 million. BIR also 
certifies that its proposed operation does not involve a provision or 
agreement that may limit future interchange with a third-party 
connecting carrier.
    The transaction may be consummated on or after August 8, 2019, the 
effective date of the exemption (30 days after the verified notice of 
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 a 
petition to revoke will not automatically stay the effectiveness of the 
exemption. Petitions to stay must be filed no later than August 1, 2019 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36329, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on BIR's representative, David F. 
Rifkind, Stinson LLP, 1775 Pennsylvania Ave. NW, Suite 800, Washington, 
DC 20006.
    According to BIR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: July 17, 2019.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-15829 Filed 7-24-19; 8:45 am]
 BILLING CODE 4915-01-P