[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Notices]
[Page 87045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27634]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35508 (Sub-No. 1)]


Iowa Northern Railway Company--Lease Renewal Exemption--Rail Line 
of North Central Iowa Rail Corridor, LLC

    Iowa Northern Railway Company (IANR) has filed a verified notice of 
exemption under 49 CFR 1180.2(d)(4) to renew its lease of the railroad 
property of North Central Iowa Rail Corridor, LLC (NCIRC), between 
milepost 48.12 at Belmond, Iowa, and milepost 75.95 at Forest City, 
Iowa, and 600 feet of connecting track at Garner, Iowa (the Line).\1\
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    \1\ IANR filed a correction to its verified notice of exemption 
on December 5, 2023.
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    According to the verified notice, in 2011, IANR leased the Line 
from NCIRC, for an initial term of ten years, pursuant to a lease and 
purchase agreement. See Iowa N. Ry.--Operation Exemption--N. Cent. Rail 
Corridor, LLC, FD 35508 (STB served May 26, 2011). IANR states that, in 
2021, it and NCIRC agreed to renew the lease for an additional three 
years, from September 30, 2021, until September 30, 2024. IANR states 
that it did not file a notice of exemption before consummating the 
lease renewal because it was not aware that the renewal required an 
exemption or Board approval. IANR now seeks after-the-fact Board 
authorization for the transaction.\2\ IANR states that the agreement 
does not include any provision that would limit the future interchange 
of traffic with a third-party connecting carrier.
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    \2\ IANR does not seek retroactive effectiveness for the 
exemption.
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    IANR represents that the transaction involves a renewal of a lease 
that the Board previously authorized, and only an extension in time is 
involved. Therefore, the transaction is exempt from the prior approval 
requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(4).
    This transaction may be consummated on or after December 30, 2023, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    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 December 22, 
2023.
    All pleadings, referring to Docket No. FD 35508 (Sub-No. 1), 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 IANR's representative, Kevin M. Sheys, Hogan Lovells US 
LLP, Columbia Square 555, Thirteenth Street NW, Washington, DC 20004.
    According to IANR, 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: December 12, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023-27634 Filed 12-14-23; 8:45 am]
BILLING CODE 4915-01-P