[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Notices]
[Page 16813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06635]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36497]


D&I Railroad Company--Acquisition and Operation Exemption--in 
Lincoln and Union Counties, S.D., and Lyon, Sioux, and Plymouth 
Counties, Iowa

    D&I Railroad Company (D&I), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to acquire from the 
State of South Dakota, acting by and through its Department of 
Transportation (SDDOT), and operate approximately 68 miles of rail 
line, consisting of two interconnected lines: (1) From milepost 0.0 at 
East Wye Switch, S.D., to milepost 49.40 in Canton, S.D.; and (2) from 
milepost 0.00 at Hawarden, Iowa, to milepost 18.60 in Beresford, S.D. 
(the Lines).\1\
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    \1\ According to the verified notice, D&I has operated the first 
segment of the Lines since 1982 and the second since 1986, pursuant 
to modified certificates. See D&I R.R.--Operation--Between Sioux 
Falls, S.D. & Sioux City, Iowa--Modified Rail Certificate, FD 29910 
(ICC served May 2, 1982); D&I R.R.--Operation--Between Hawarden, 
Iowa & Beresford, S.D., FD 30940 (ICC served Nov. 24, 1986). D&I 
states that it will give notice that it intends to terminate service 
under the modified certificates pursuant to 49 CFR 1150.24.
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    The verified notice states that D&I and SDDOT have negotiated terms 
for the transfer of the Lines pursuant to a sale agreement the parties 
executed on February 2, 2021, with closing to occur following the 
effective date of the exemption.
    D&I certifies that its projected annual revenues as a result of 
this transaction will not result in D&I's becoming a Class II or Class 
I rail carrier, but that its current annual revenues exceed $5 million. 
Pursuant to 49 CFR 1150.42(e), if a carrier's projected annual revenues 
will exceed $5 million, it must, at least 60 days before this exemption 
is to become effective, post a notice of its intent to undertake the 
proposed transaction at the workplace of the employees on the affected 
lines, serve a copy of the notice on the national offices of the labor 
unions with employees on the affected lines, and certify to the Board 
that it has done so. However, D&I has filed a petition for waiver of 
the 60-day advance labor notice requirements. D&I's waiver request will 
be addressed in a separate decision. The Board will establish the 
effective date of the exemption in its separate decision on the waiver 
request.
    D&I also certifies that the proposed acquisition and operation of 
the Line does not involve a provision or agreement that may limit 
future interchange with a third-party connecting carrier.
    If the 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 April 7, 2021.
    All pleadings, referring to Docket No. FD 36497, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on D&I's 
representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606.
    According to D&I, 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).
    Board decisions and notices are available at www.stb.gov.

    Decided: March 26, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2021-06635 Filed 3-30-21; 8:45 am]
BILLING CODE 4915-01-P