[Federal Register Volume 84, Number 235 (Friday, December 6, 2019)]
[Notices]
[Pages 66955-66956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26300]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36364]


Decatur & Eastern Illinois Railroad, L.L.C.--Acquisition and 
Change of Operator Exemption--NRG, Inc., and Eastern Illinois Railroad 
Company

    Decatur & Eastern Illinois Railroad, L.L.C. (DEIR), a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 for it to (1) acquire from NRG, Inc. (NRG), an approximately 
53-mile line of railroad extending between milepost 286.0 near Metcalf, 
Ill., and approximately milepost 338.95 (east of Oak Avenue) in Neoga, 
Ill., (the Line) and (2) replace NRG's corporate subsidiary, Eastern 
Illinois Railroad Company (EIRC), as operator on the Line.\1\
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    \1\ According to the verified notice, NRG is a noncarrier that 
acquired the assets of the Line in 1988 after the Line was abandoned 
by Norfolk and Western Railway Company. See E. Ill. R.R.--Operation 
Exemption--Line of R.R. of NRG, Inc., in Edgar, Coles, Cumberland, & 
Douglas Ctys., Ill., FD 31860 (ICC served June 26, 1991).
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    The verified notice states that DEIR, NRG, and EIRC are in the 
process of completing terms of an Agreement for Sale and Purchase of 
Business Assets (the Agreement). Pursuant to the Agreement, ownership 
of the Line will transfer from NRG to DEIR, and DEIR will replace EIRC 
as the operator on the Line. DEIR states that EIRC, as a party to the 
Agreement, has consented to the proposed change in operators.
    DEIR certifies that the transaction does not include an interchange 
commitment.\2\
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    \2\ DEIR states that, although the transaction under which it 
became a common carrier involved interchange commitments in favor of 
the seller, see Decatur & E. Ill. R.R.--Acquis. Exemption Containing 
Interchange Commitment--CSX Transp., Inc., FD 36206 (STB served Aug. 
24, 2018), those interchange restrictions will not extend to traffic 
originating or terminating on the Line.
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    DEIR further certifies that its projected annual revenues resulting 
from the transaction will not result in its becoming a Class I or Class 
II rail carrier. DEIR states, however, that its annual operating 
revenues will exceed $5 million. Accordingly, in compliance with 49 CFR 
1150.42(e), DEIR submitted a letter on November 1, 2019, certifying 
that it posted the required 60-day labor notice of this transaction at 
the workplace of EIRC employees on the Line.\3\
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    \3\ DEIR states that it has been advised that no EIRC employees 
are represented by a labor union, and, for that reason, that portion 
of the advance-notice requirement is inapplicable.
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    Under 49 CFR 1150.42(b), a change in operator requires that notice 
be given to shippers. DEIR states that notice of the proposed 
transaction was provided to

[[Page 66956]]

shippers on the Line on November 22, 2019.
    The earliest this transaction may be consummated is December 31, 
2019 (60 days after the certification under 49 CFR 1150.42(e) was 
filed). DEIR states that it expects to consummate the transaction on 
that date.
    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 December 24, 
2019 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36364, 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 DEIR's representative, Robert 
A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, 
Chicago, IL 60606.
    According to DEIR, this action is categorically 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: December 2, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2019-26300 Filed 12-5-19; 8:45 am]
BILLING CODE 4915-01-P