[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Notices]
[Page 20935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07354]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36671]


Rochester & Erie Railway, LLC--Operation Exemption--Fulton 
County, LLC, d/b/a Fulton County Railroad

    Rochester & Erie Railway, LLC (RERY), a noncarrier, has filed a 
verified notice of exemption pursuant to 49 CFR 1150.31 to operate 11.7 
miles of rail line between milepost I-108.6 near Argos and milepost I-
96.9 at Rochester, in Marshall and Fulton Counties, Ind. (the Line). 
The Line includes a short stub-ended spur extending west from 
approximately milepost 98.1 and terminating at U.S. Route 31.
    The verified notice states that the Line is owned by Fulton County, 
LLC, d/b/a Fulton County Railroad (FCRR), a Class III carrier, and 
local service has been provided on the Line by Elkhart & Western 
Railroad Company (EWR) under a local trackage rights agreement. 
According to the verified notice, that local trackage rights agreement 
has expired and RERY is entering into an agreement to operate the 
following on behalf of FCRR: (1) the Line; and (2) FCRR's incidental 
trackage rights over Norfolk Southern Railway Company's (NSR) tracks 
between milepost I-108.6 and NSR's Argos Yard, a distance of 1.1 miles. 
RERY states that EWR has advised the shippers on the Line that it will 
no longer provide service.\1\
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    \1\ EWR has filed a petition for exemption from the prior 
approval requirements of 49 U.S.C. 10903 to discontinue its local 
trackage rights over the Line. See Pet. for Exemption, Elkhart & W. 
R.R.--Discontinuance of Trackage Rts. Exemption--in Marshall & 
Fulton Cntys., Ind., AB 1329X (Mar. 24, 2023).
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    This transaction is related to a concurrently filed verified notice 
of exemption in Grube--Continuance in Control Exemption--Rochester & 
Erie Railway, Docket No. FD 36684, in which the Jason W. Grube seeks to 
continue in control of RERY upon RERY's becoming a Class III rail 
carrier.
    RERY certifies that its projected revenues as a result of the 
transaction will not result in the creation of a Class II or Class I 
rail carrier. The verified notice states that, upon commencement of 
operations under the operating agreement, RERY will be a Class III rail 
carrier. RERY also certifies that FCRR is not subject to any 
interchange commitments and the new operating agreement will not impose 
or include an interchange commitment.
    The transaction may be consummated on or after April 21, 2023, the 
effective date of the exemption (30 days after the verified notice was 
filed).
    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 April 14, 
2023 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36671, 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, a copy of each pleading must be served on 
RERY's representative, Eric M. Hocky, Clark Hill PLC, Two Commerce 
Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103.
    According to RERY, 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 4, 2020.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2023-07354 Filed 4-6-23; 8:45 am]
BILLING CODE 4915-01-P