[Federal Register Volume 84, Number 235 (Friday, December 6, 2019)]
[Notices]
[Page 66956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26375]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36367]


Davenport Industrial Railroad, LLC--Lease & Operation Exemption--
City of Davenport, Iowa

    Davenport Industrial Railroad, LLC (DIR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease from the 
City of Davenport (the City) and operate an approximately 2.8-mile rail 
line (the Line).\1\ The Line extends west and south from a point about 
75 feet from a connection with the main line of the Dakota, Minnesota & 
Eastern Railroad Corporation (DM&E) near DM&E milepost 191.2 near 
Davenport, Iowa, to the City-owned Davenport Transload Facility. 
According to DIR, the Line does not have mileposts.
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    \1\ The Board has authorized the current operator of the Line, 
Savage Davenport Railroad Company (SDR), to discontinue its 
operations effective January 1, 2020. See Savage Davenport R.R.--
Discontinuance of Service Exemption--in Scott Cty., Iowa, AB 1277X 
(STB served Sept. 30, 2019 and Oct. 29, 2019).
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    DIR states that it is finalizing the terms of a lease with the 
City, under which, among other things, DIR would assume a leasehold 
interest in, and provide common carrier service over, the Line.
    DIR certifies that, as a result of this transaction, its projected 
revenue will not exceed $5 million annually and will not result in its 
becoming a Class I or Class II carrier. DIR states that the agreement 
between the City and DIR does not include any provision or agreement 
that would limit future interchange with a third-party connecting 
carrier.
    According to DIR, it anticipates consummating the transaction on 
January 1, 2020, to coincide with SDR's discontinuance of service. The 
transaction may be consummated on or after December 22, 2019, the 
effective date of the exemption (30 days after the verified notice 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 December 13, 
2019 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36367, 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 DIR's representative, Robert A. 
Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, 
Chicago, IL 60606-3208.
    According to DIR, 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: December 2, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019-26375 Filed 12-5-19; 8:45 am]
 BILLING CODE 4915-01-P