[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Notices]
[Pages 50420-50421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19309]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36542]


NCSR, LLC d/b/a New Castle Southern Railroad--Lease and Operation 
Exemption With Interchange Commitment--Norfolk Southern Railway Company

    NCSR, LLC d/b/a New Castle Southern Railroad (NCSR), a noncarrier, 
has filed a verified notice of exemption pursuant to 49 CFR 1150.31 to 
lease from Norfolk Southern Railway Company (NSR) and operate 
approximately 21 miles of rail line

[[Page 50421]]

extending from milepost CB 5.40 at Beesons, Ind., to milepost CB 25.30 
at New Castle, Ind., and from milepost R 0.09 to milepost R 1.16 at New 
Castle (the Line).
    According to the verified notice, NCSR and NSR have recently 
reached a lease agreement pursuant to which NCSR will provide common 
carrier rail service on the Line. According to NCSR, the agreement 
between NCSR and NSR contains an interchange commitment that affects 
the interchange point at Beesons.\1\ The verified notice states that 
NSR and Big Four Terminal Railroad, LLC, are the carriers that could 
physically interchange with NCSR at Beesons. As required under 49 CFR 
1150.33(h), NCSR provided additional information regarding the 
interchange commitment.
---------------------------------------------------------------------------

    \1\ A copy of the agreement with the interchange commitment was 
submitted under seal. See 49 CFR 1150.33(h)(1).
---------------------------------------------------------------------------

    NCSR has certified that its projected annual revenues will not 
exceed $5 million and will not result in NCSR's becoming a Class I or 
Class II rail carrier.
    Pursuant to 49 CFR 1150.32(b), the effective date of an exemption 
is 30 days after the verified notice of exemption is filed, which here 
would be September 22, 2021. However, concurrently with its verified 
notice, NCSR filed a petition to partially waive the 30-day 
effectiveness period to allow the exemption to become effective on 
September 13, 2021. The Board will address NCSR's petition for partial 
waiver and establish the effective date of the exemption in a separate 
decision.
    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. 
A deadline for petitions for stay will also be established in the 
Board's decision on the petition for partial waiver.
    All pleadings, referring to Docket No. FD 36542, 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 
NCSR's representative: Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606.
    According to NCSR, 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: September 1, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2021-19309 Filed 9-7-21; 8:45 am]
BILLING CODE 4915-01-P