[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Notices]
[Page 23028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09061]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36494]


Ringneck & Western Railroad, L.L.C.--Acquisition and Operation 
Exemption--Railroad Line in Davison, Aurora, Brule, Lyman, Jones, 
Jackson, & Pennington Counties, S.D.

    Ringneck & Western Railroad, L.L.C. (RWRR), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to (1) acquire from 
the State of South Dakota, acting by and through its Department of 
Transportation (the State) approximately 285.43 miles of rail line 
extending between milepost 374.57 in Mitchell, S.D., and milepost 660.0 
in Rapid City, S.D. (the Line); (2) commence common carrier service 
over the portions of the Line extending between (a) milepost 374.57 in 
Mitchell, S.D., and milepost 562.53 in Kadoka, S.D., (the MK Segment) 
and (b) milepost 659.6 and milepost 660.0, both in Rapid City, S.D. 
(the Rapid City Segment); (3) acquire common carrier service 
reactivation rights over the currently rail-banked segments of the Line 
between milepost 562.53 in Kadoka, S.D., and milepost 659.6 in Rapid 
City, S.D.\1\; and (4) incidental to the acquisition of the Line, 
acquire by assignment overhead trackage rights over lines of BNSF 
Railway Company (BNSF) between (a) BNSF's connection with the eastern 
end of the MK Segment of the Line at BNSF milepost 650.65 at Mitchell, 
S.D., and certain yard tracks in BNSF's Mitchell Yard at BNSF milepost 
650.16; and (b) BNSF's Mitchell Yard at milepost 650.16 and the Grain 
Shuttle Facility in Mitchell, S.D., located at milepost 652.9 (the 
Trackage Rights Lines).
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    \1\ See Sammamish Transp. Co.--Notice of Interim Trail Use & 
Termination of Modified Cert., FD 33398 (Sub-No. 1) (STB served Feb. 
26, 1998); Mitchell-Rapid City Reg'l R.R. Auth.--Modified Rail 
Cert.--Between Caputa & Rapid City, S.D, FD 35149 (STB served Apr. 
28, 2009).
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    This transaction is related to a verified notice of exemption filed 
concurrently in Watco Holdings, Inc.--Continuance in Control 
Exemption--Ringneck & Western Railroad, L.L.C., Docket No. FD 36512, in 
which Watco Holdings, Inc., seeks to continue in control of RWRR upon 
RWRR's becoming a Class III rail carrier.
    The verified notice states that RWRR and the State have reached an 
agreement pursuant to which RWRR will purchase the Line (including the 
right to restore common carrier service over the rail-banked segment), 
commence common carrier service over the MK Segment and the Rapid City 
Segment, and acquire by assignment overhead rights over the Trackage 
Rights Lines.
    RWRR certifies that its projected annual revenues as a result of 
this transaction are expected to exceed $5 million, but they are not 
expected to result in RWRR becoming a Class I or Class II rail carrier. 
Because the projected annual revenue will exceed $5 million, RWRR 
certified, on March 25, 2021, that it had complied with the labor 
notice requirements of 49 CFR 1150.32(e)) on March 24, 2021. RWRR also 
certifies that the proposed acquisition and operation of the Line does 
not involve a provision limiting RWRR's future interchange of traffic 
on the Line with a third-party connecting carrier.
    The earliest this transaction may be consummated is May 24, 2021, 
the effective date of the exemption (60 days after RWRR certified its 
compliance with the labor notice requirements of 49 CFR 1150.32(e)).
    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 May 16, 2021 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36494, 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 RWRR's 
representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606.
    According to RWRR, 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: April 27, 2021.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2021-09061 Filed 4-29-21; 8:45 am]
BILLING CODE 4915-01-P