[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Notices]
[Pages 73930-73931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23768]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36728]
New Era Railroad, LLC--Acquisition and Change in Operator
Exemption--RMW Ventures, LLC
New Era Railroad, LLC (NER), a noncarrier, has filed a verified
notice of exemption under 49 CFR part 1150, subpart D to acquire and
operate approximately 26.46 miles of rail line owned by RMW Ventures,
LLC (RMW), between milepost 117.0 in the vicinity of Curryville, Ind.,
and milepost 123.0 at Bluffton, Ind.; and from milepost 123.8 at
Bluffton to milepost 144.26 in the vicinity of Van Buren, Ind. (the
Line).\1\ The verified notice states that the Line is currently
operated by Wabash Central
[[Page 73931]]
Railway, LLC (WCR), a short line controlled by RMW.
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\1\ On October 20, 2023, NER filed an amended verified notice
withdrawing portions of the verified notice pertaining to the
acquisition of incidental overhead trackage rights over
approximately 0.8 miles of rail line owned by Norfolk Southern
Railway Company (NSR) between milepost 123.0 (corresponding to NSR
milepost 163.0) and milepost 123.8 (corresponding to NSR milepost
162.2). NER states that it will make other arrangements for
interchange and operations over the NSR rail line.
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According to the verified notice, NER and RMW have reached terms
pursuant to which NER will acquire the Line. The verified notice states
that, upon the closing of the railroad asset sale, RMW will terminate
the lease agreement with WCR, and, as part of the transaction, WCR
shall end its leasehold operating rights over the Line. The verified
notice states that NER intends to commence common carrier operations
over the Line on or after the anticipated effective date of this
notice.
NER certifies that the transaction does not involve any provision
that would limit future interchange with a third-party connecting
carrier. NER further certifies that its projected annual revenues
resulting from the transaction will not exceed $5 million and will not
result in NER's becoming a Class I or Class II rail carrier. Under 49
CFR 1150.32(b), a change in operator requires that notice be given to
shippers. NER states that notice of the proposed transaction has been
provided to shippers on the Line.
The earliest this transaction may be consummated is November 10,
2023, 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 November 3, 2023 (at least seven days
before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36728, must be filed with
the Surface Transportation Board 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 NER's
representative, Michael J. Barron, Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to NER, 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: October 24, 2023.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2023-23768 Filed 10-26-23; 8:45 am]
BILLING CODE 4915-01-P