[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Page 24085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07264]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35729 (Sub-No. 1)]


Ann Arbor Railroad, Inc.--Lease Renewal and Operation Exemption 
With Interchange Commitment--Norfolk Southern Railway Company

    Ann Arbor Railroad, Inc. (AARR), a Class III rail carrier, has 
filed a verified notice of exemption pursuant to 49 CFR 1150.43 to 
renew its lease with Norfolk Southern Railway (NSR) of rail lines 
totaling approximately 3.69 miles over two segments between: (1) 
milepost CS 1.26 and milepost CS 2.65 in Toledo, Ohio, and (2) milepost 
GY 85.40 and GY 87.70 in Toledo (collectively, the Lines). NSR owns the 
Line, and AARR currently operates the Lines under a lease.\1\
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    \1\ AARR has been authorized to lease and operate the Line since 
2013. See Ann Arbor R.R.--Norfolk S. Ry., FD 35729 (STB served July 
12, 2013).
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    According to the verified notice, AARR and NSR have executed a 
first amendment to their lease, which, along with the original lease 
from 2013, will govern AARR's operations going forward. AARR further 
states it will operate the Lines and provide all rail common carrier 
service to shippers on the Lines as it has done since 2013.
    As required under 49 CFR 1150.43(h)(1), AARR certifies in its 
verified notice that the lease contains an interchange commitment. AARR 
verifies that the terms of the interchange commitment remain the same 
as they were in 2013.\2\ AARR has provided additional information 
regarding the interchange commitment as required by 49 CFR 1150.43(h).
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    \2\ A copy of the lease containing the interchange commitment 
was filed under seal with the verified notice. See 49 CFR 
1150.43(h)(1).
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    AARR certifies that its projected revenues resulting from this 
transaction will not result in the creation of a Class II or Class I 
rail carrier but that its current annual revenue does exceed $5 
million. 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 is to become 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. AARR, however, has petitioned for 
waiver of the 60-day advance labor notice. AARR's waiver request will 
be addressed in a separate decision in which the Board will also 
establish 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 April 12, 
2024.
    All pleadings, referring to Docket No. FD 35729 (Sub-No. 1), 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 
AARR's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to AARR, this action is categorically excluded from 
historic preservation reporting requirements under 49 CFR 1105.8(b) and 
from environmental reporting requirements under 49 CFR 1105.6(c).
    Board decisions and notices are available at www.stb.gov.

    Decided: April 1, 2024.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2024-07264 Filed 4-4-24; 8:45 am]
BILLING CODE 4915-01-P