[Federal Register Volume 87, Number 144 (Thursday, July 28, 2022)]
[Notices]
[Page 45389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16201]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36605]


Northern Illinois & Wisconsin Railway Corporation, d.b.a. NIWX 
Corporation--Control Exemption--West Erie Short Line, Inc.

    Northern Illinois & Wisconsin Railway Corporation, d.b.a. NIWX 
Corporation (NIWX), has filed a verified notice of exemption pursuant 
to 49 CFR 1180.2(d)(2) to acquire control of West Erie Short Line, Inc. 
(WESL), a Class III carrier, from EFCO, Inc., d.b.a. Ajax/CECO/Erie 
Press (EFCO), a noncarrier.
    The transaction may be consummated on or after August 11, 2022, the 
effective date of the exemption (30 days after the verified notice was 
filed).\1\
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    \1\ NIWX supplemented its verified notice of exemption on July 7 
and July 12, 2022. Therefore, July 12, 2022, is considered the 
filing date for the purpose of calculating the effective date of the 
exemption.
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    According to the verified notice of exemption, NIWX indirectly 
controls Blackwell Northern Gateway Railroad Company (BNG) by virtue of 
controlling US Rail Partners, Ltd. (USRP), which owns all of BNG's 
stock. The verified notice additionally indicates that Davenport 
Industrial Railroad, LLC, is affiliated with, but not controlled by, 
NIWX.
    The verified notice indicates that: (1) WESL does not connect with 
the rail lines of any of the rail carriers in NIWX's corporate family; 
(2) the transaction is not part of a series of anticipated transactions 
that would connect WESL with the rail lines of any carriers in NIWX's 
corporate family; and (3) the transaction does not involve a Class I 
rail carrier. The proposed transaction is therefore exempt from the 
prior approval requirements of 49 U.S.C. 11323 pursuant to 49 CFR 
1180.2(d)(2).
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. However, 49 U.S.C. 11326(c) 
does not provide for labor protection for transactions under 49 U.S.C. 
11324 and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    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 August 4, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36605, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, one copy of each pleading must be served on 
NIWX's representative, Thomas F. McFarland, Thomas F. McFarland, P.C., 
2230 Marston Lane, Flossmoor, IL 60422-1336.
    According to NIWX, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: July 25, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2022-16201 Filed 7-27-22; 8:45 am]
BILLING CODE 4915-01-P