Elkhart & Western Railroad Co. LLC-Discontinuance of Trackage Rights Exemption-in Marshall and Fulton Counties, Ind., 22513 [2023-07832]

Download as PDF Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 GMRC and NECR have entered into a written trackage rights agreement 2 that grants GMRC overhead trackage rights over the Line. Those rights allow GMRC to enter and exit the Line at certain intermediate points as well as its terminal points, as described in the verified notice. GMRC states that the trackage rights are among settlement terms that the Board imposed ‘‘as a condition of the Board’s approval’’ in CSX Corp.—Control & Merger—Pan Am Systems, Inc., FD 36472 et al., (STB served Apr. 14, 2022). The transaction may be consummated on or after April 27, 2023, the effective date of the exemption. As a condition to this exemption, any employees affected by the acquisition of the trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights— Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980). If the 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 20, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36688, must be filed with the Surface Transportation Board via efiling 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 GMRC’s representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606. According to GMRC, 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 7, 2023. 2 A redacted version of the trackage rights agreement between GMRC and NECR was filed with the verified notice. An unredacted version of the agreement was submitted to the Board under seal concurrently with a motion for protective order, which is addressed in a separate decision. VerDate Sep<11>2014 17:56 Apr 12, 2023 Jkt 259001 By the Board, Mai T. Dinh, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2023–07721 Filed 4–12–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 1329X] Elkhart & Western Railroad Co. LLC— Discontinuance of Trackage Rights Exemption—in Marshall and Fulton Counties, Ind. On March 24, 2023, Elkhart & Western Railroad Co. LLC (E&W), a Class III rail carrier, filed a petition under 49 U.S.C. 10502 for exemption from the prior approval requirements of 49 U.S.C. 10903 to discontinue trackage rights over approximately 11.7 miles of rail line owned by Fulton County, L.L.C. (FC), extending from milepost I–108.6 near Argos, Ind., to milepost I–96.9 at Rochester, Ind., in Marshall and Fulton Counties, Ind. (the Line). The Line traverses United States Postal Services Zip Codes 46501 and 46975. According to E&W, until recently, it was the exclusive service provider on the Line, pursuant to a trackage rights agreement (Agreement) with FC. E&W states that the Agreement expired on March 15, 2023, and, on the same day, Patriot Rail Company, LLC, which indirectly controls E&W, embargoed the Line due to unsafe track conditions. E&W notes that FC has a common carrier obligation on the Line as well as a plan for a corporate affiliate, Rochester & Erie Railway, LLC (RERY), to operate the Line, see RERY, Notice of Exemption, Rochester & Erie Ry.— Operation Exemption—Fulton Cnty., LLC, FD 36671. Therefore, according to E&W, RERY will be affiliated with the Line as its operator, and shippers will have access to common carrier service, should FC and RERY determine that operations can be resumed safely. E&W states that it does not believe that the Lines contain federally granted rights-of-way. E&W also states that any documentation in its possession will be made available promptly to those requesting it. As a condition to this exemption, any employee adversely affected by the discontinuance of service shall be protected under Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). By issuance of this notice, the Board is instituting an exemption proceeding PO 00000 Frm 00110 Fmt 4703 Sfmt 9990 22513 pursuant to 49 U.S.C. 10502(b). A final decision will be issued by July 12, 2023. Because this is a discontinuance proceeding and not an abandonment, interim trail use/rail banking and public use conditions are not appropriate. Because there will be environmental review during any subsequent abandonment, this discontinuance does not require an environmental review. See 49 CFR 1105.6(c)(5), 1105.8(b). Any offer of financial assistance (OFA) for subsidy under 49 CFR 1152.27(b)(2) will be due no later than 120 days after the filing of the petition for exemption, or 10 days after service of a decision granting the petition for exemption, whichever occurs sooner.1 Persons interested in submitting an OFA must first file a formal expression of intent to file an offer by April 24, 2023, indicating the intent to file an OFA for subsidy and demonstrating that they are preliminarily financially responsible. See 49 CFR 1152.27(c)(1)(i). All filings in response to this notice must refer to Docket No. AB 1329X and 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 E&W’s representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606–3208. Replies to the petition are due on or before May 3, 2023. Persons seeking further information concerning discontinuance procedures may contact the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0238 or refer to the full abandonment and discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board’s Office of Environmental Analysis at (202) 245–0294. If you require accommodation under the Americans with Disabilities Act, please call (202) 245–0245. Board decisions and notices are available at www.stb.gov. Decided: April 7, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Raina White, Clearance Clerk. [FR Doc. 2023–07832 Filed 4–12–23; 8:45 am] BILLING CODE 4915–01–P 1 The filing fee for OFAs can be found at 49 CFR 1002.2(f)(25). E:\FR\FM\13APN1.SGM 13APN1

Agencies

[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Page 22513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07832]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1329X]


Elkhart & Western Railroad Co. LLC--Discontinuance of Trackage 
Rights Exemption--in Marshall and Fulton Counties, Ind.

    On March 24, 2023, Elkhart & Western Railroad Co. LLC (E&W), a 
Class III rail carrier, filed a petition under 49 U.S.C. 10502 for 
exemption from the prior approval requirements of 49 U.S.C. 10903 to 
discontinue trackage rights over approximately 11.7 miles of rail line 
owned by Fulton County, L.L.C. (FC), extending from milepost I-108.6 
near Argos, Ind., to milepost I-96.9 at Rochester, Ind., in Marshall 
and Fulton Counties, Ind. (the Line). The Line traverses United States 
Postal Services Zip Codes 46501 and 46975.
    According to E&W, until recently, it was the exclusive service 
provider on the Line, pursuant to a trackage rights agreement 
(Agreement) with FC. E&W states that the Agreement expired on March 15, 
2023, and, on the same day, Patriot Rail Company, LLC, which indirectly 
controls E&W, embargoed the Line due to unsafe track conditions. E&W 
notes that FC has a common carrier obligation on the Line as well as a 
plan for a corporate affiliate, Rochester & Erie Railway, LLC (RERY), 
to operate the Line, see RERY, Notice of Exemption, Rochester & Erie 
Ry.--Operation Exemption--Fulton Cnty., LLC, FD 36671. Therefore, 
according to E&W, RERY will be affiliated with the Line as its 
operator, and shippers will have access to common carrier service, 
should FC and RERY determine that operations can be resumed safely.
    E&W states that it does not believe that the Lines contain 
federally granted rights-of-way. E&W also states that any documentation 
in its possession will be made available promptly to those requesting 
it.
    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service shall be protected under Oregon Short 
Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, 
in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by July 12, 2023.
    Because this is a discontinuance proceeding and not an abandonment, 
interim trail use/rail banking and public use conditions are not 
appropriate. Because there will be environmental review during any 
subsequent abandonment, this discontinuance does not require an 
environmental review. See 49 CFR 1105.6(c)(5), 1105.8(b).
    Any offer of financial assistance (OFA) for subsidy under 49 CFR 
1152.27(b)(2) will be due no later than 120 days after the filing of 
the petition for exemption, or 10 days after service of a decision 
granting the petition for exemption, whichever occurs sooner.\1\ 
Persons interested in submitting an OFA must first file a formal 
expression of intent to file an offer by April 24, 2023, indicating the 
intent to file an OFA for subsidy and demonstrating that they are 
preliminarily financially responsible. See 49 CFR 1152.27(c)(1)(i).
---------------------------------------------------------------------------

    \1\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
---------------------------------------------------------------------------

    All filings in response to this notice must refer to Docket No. AB 
1329X and 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 E&W's representative, Robert A. Wimbish, 
Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 
60606-3208. Replies to the petition are due on or before May 3, 2023.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment and discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis at (202) 245-0294. If you 
require accommodation under the Americans with Disabilities Act, please 
call (202) 245-0245.
    Board decisions and notices are available at www.stb.gov.

    Decided: April 7, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2023-07832 Filed 4-12-23; 8:45 am]
BILLING CODE 4915-01-P
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