[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Notices]
[Pages 27666-27667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10757]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36502]


Lubbock & Western Railway, L.L.C.--Lease and Operation Exemption 
With Interchange Commitment--BNSF Railway Company

    Lubbock & Western Railway, L.L.C. (LWR), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to lease 
from BNSF

[[Page 27667]]

Railway Company (BNSF) and operate a line of railroad extending between 
milepost 330.100 and milepost 327.155 in Plainview, Tex., a portion of 
the Dimmit Spur subdivision (the Line).
    The verified notice states that LWR and BNSF have entered into a 
lease agreement and that LWR will operate and provide all rail common 
carrier service to shippers on the Line.\1\
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    \1\ According to the verified notice, the Line adjoins an 
existing LWR-operated rail line at milepost 330.100. See Lubbock & 
W. Ry.--Acquis. & Operation Exemption--W. Tex. & Lubbock Ry., FD 
35932 (STB served June 5, 2015).
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    LWR certifies that its projected annual revenues from this 
transaction will not result in LWR's becoming a Class I or Class II 
rail carrier. Pursuant to 49 CFR 1150.42(e), which applies ``[i]f the 
projected annual revenue of the rail lines to be acquired or operated, 
together with the acquiring carrier's projected annual revenue, exceeds 
$5 million,'' LWR posted the 60-day notice of the transaction required 
by 1150.42(e) at the workplaces of current BNSF employees on the Line, 
served the notice on the national offices of the labor unions for those 
employees, and certified to the Board on April 7, 2021, that it had 
done so.
    As required under 49 CFR 1150.43(h)(1), LWR has disclosed in its 
verified notice that its lease agreement with BNSF contains an 
interchange commitment and has provided additional information 
regarding the interchange commitment as required by 49 CFR 1150.43(h).
    The earliest this transaction may be consummated is June 6, 2021 
(60 days after the certification under 49 CFR 1150.42(e) was filed).
    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 May 28, 2021.
    All pleadings, referring to Docket No. FD 36502, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, one copy of each pleading must be served on LWR's 
representative: Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker 
Drive, Suite 800, Chicago, IL 60606.
    According to LWR, 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: May 17, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2021-10757 Filed 5-20-21; 8:45 am]
BILLING CODE 4915-01-P