[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Page 62140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19443]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36719]


Red River Valley & Western Railroad Company--Acquisition and 
Operation Exemption--Rail Line of BNSF Railway Company

    Red River Valley & Western Railroad Company (RRVW), a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to acquire from BNSF Railway Company (BNSF) and to operate an 
approximately 0.4-mile rail line, extending from milepost 54.55 to 
milepost 54.95 in Casselton, Cass County, N.D. (the Line).\1\
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    \1\ On September 1, 2023, RRVW filed an errata to its verified 
notice of exemption to note that the Line is an approximately 0.4-
mile rail segment, rather than a 0.5-mile rail segment as previously 
indicated in its notice filed on August 23, 2023.
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    According to the verified notice, RRVW reached an agreement with 
BNSF in 2006 for acquisition and operation of the Line. RRVW states 
that the parties' transaction was consummated in 2006 and that RRVW has 
been operating over the Line since that time.\2\ RRVW states, however, 
that it recently discovered that it inadvertently neglected to seek 
acquisition and operation authority for the Line from the Board when it 
acquired the Line from BNSF. RRVW now seeks after-the-fact Board 
authorization for its prior acquisition and operation of the Line.\3\
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    \2\ RRVW states that, in 1987, it received authority from the 
agency to acquire the tracks, physical assets, and common carrier 
obligation for 656 miles of various rail lines from BNSF. See Red 
River Valley & W. R.R.--Acquis. & Operation Exemption--Certain Lines 
of Burlington N. R.R., FD 31071 (ICC served July 22, 1987). 
According to RRVW, the Line was not part of that original 
transaction but provides a connection from the lines acquired in 
1987 to one of RRVW's customers, Tharaldson Ethanol.
    \3\ RRVW is not seeking retroactive effectiveness for the 
exemption.
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    RRVW certifies that the proposed acquisition of the Line does not 
involve any interchange commitments. RRVW further certifies that its 
projected revenues as a result of this transaction will not (and did 
not) result in the creation of a Class II or Class I rail carrier. 
Pursuant to 49 CFR 1150.42(e), if a carrier's projected annual revenues 
will exceed $5 million, it must, at least 60 days before the exemption 
becomes effective, post a notice of its intent to undertake the 
proposed transaction at the workplace of the employees on the affected 
lines, serve a copy of the notice on the national offices of the labor 
unions with employees on the affected lines, and certify to the Board 
that it has done so. However, RRVW has filed a request for partial 
waiver of the 60-day advance labor notice requirements to allow the 
exemption to take effect as soon as its waiver request is granted, but 
no earlier than 30 days after the filing of RRVW's notice of exemption. 
RRVW's waiver request will be addressed in a separate decision. The 
Board will establish the effective date of the exemption in its 
separate decision on the waiver request.
    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 September 15, 
2023.
    All pleadings referring to Docket No. FD 36719 should 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 
RRVW's representative, William A. Mullins, Baker & Miller PLLC, 2401 
Pennsylvania Avenue NW, Suite 300, Washington, DC 20037.
    According to RRVW, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c)(1)(i) and from historic 
reporting requirements under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available at www.stb.gov.

    Decided: September 5, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023-19443 Filed 9-7-23; 8:45 am]
BILLING CODE 4915-01-P