[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Notices]
[Pages 4324-4325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01625]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36574]


Missouri Eastern Railroad, LLC--Change in Operator Exemption With 
Interchange Commitment--Union Pacific Railroad Company

    Missouri Eastern Railroad, LLC (MER), a Class III rail carrier, has 
filed a verified notice of exemption pursuant to 49 CFR 1150.41 to 
assume operation of approximately 8.65 miles of rail line between 
Vigus, Mo. (milepost 19.0) and Rock Island Jct., Mo. (milepost 10.35), 
along with connected sidings and ancillary tracks (collectively, the 
Line).\1\ Union Pacific Railroad Company (UP) owns the Line, and 
Central Midland Railway Company (CMRC) currently operates the Line 
under a lease.\2\
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    \1\ MER recently acquired incidental overhead trackage rights 
over the Line as part of its acquisition of a connecting line. See 
Mo. E. R.R.--Acquis. & Change of Operator Exemption--V & S Ry., FD 
36550 (STB served Nov. 10, 2021).
    \2\ CMRC has been authorized to lease and operate the Line since 
2003. See Cent. Midland Ry.--Lease & Operation Exemption--Union Pac. 
R.R., FD 34308 (STB served Jan. 27, 2003). In 2016, it was 
authorized to continue to lease and operate the Line under a renewed 
lease agreement (Lease). See Cent. Midland Ry.--Renewal of Lease 
Exemption with Interchange Commitment--Union Pac. R.R. Lackland Sub-
Div., FD 35989 (STB served Jan. 29, 2016).
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    According to the verified notice, MER has entered into an agreement 
with CMRC--with UP's consent--under which CMRC will assign its interest 
in the Lease to MER, and under which MER will replace CMRC as the 
common carrier rail service provider on the Line subject to the same 
terms, conditions, and restrictions.
    As required under 49 CFR 1150.43(h)(1), MER certifies in its 
verified notice that the Lease contains an interchange commitment that 
applies to traffic that originates or terminates on the Line. Under the 
interchange commitment, the annual rent due to UP depends on the 
percentage of rail traffic originating or terminating on the Line that 
is interchanged with UP via the Terminal Railroad Association of St.

[[Page 4325]]

Louis.\3\ MER has provided additional information regarding the 
interchange commitment as required by 49 CFR 1150.43(h).
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    \3\ A copy of the Lease containing the interchange commitment 
was filed under seal with the verified notice. See 49 CFR 
1150.43(h)(1).
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    MER certifies that its projected annual revenues as a result of the 
transaction will not exceed $5 million and will not result in the 
creation of a Class I or Class II rail carrier.
    Under 49 CFR 1150.42(b), a change in operator exemption requires 
that notice be given to shippers. MER certifies that it has provided 
notice of the proposed transaction and interchange commitment to 
shippers that currently use or have used the Line in the last two 
years.
    The transaction may be consummated on or after February 10, 2022, 
the effective date of the exemption.
    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 February 3, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36574, 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 MER's 
representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to MER, this action is categorically excluded from 
historic preservation reporting requirements under 49 CFR 1105.8(b) and 
from environmental reporting requirements under 49 CFR 1105.6(c).
    Board decisions and notices are available at www.stb.gov.

    Decided: January 24, 2022.
    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2022-01625 Filed 1-26-22; 8:45 am]
BILLING CODE 4915-01-P