Chesapeake and Indiana Railroad Company, LLC-Lease and Operation Exemption-Northern Indiana Railroad Company, LLC, 34205-34206 [2023-11342]

Download as PDF Federal Register / Vol. 88, No. 102 / Friday, May 26, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 RGPC represents that: (1) the rail lines operated by the RGPC carriers do not connect with the rail line to be operated by BNR; (2) the transaction is not part of a series of anticipated transactions that would connect the rail line to be operated by BNR with any railroad in the RGPC corporate family; and (3) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). 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. Accordingly, because this transaction involves Class III rail carriers only, the Board may not impose labor protective conditions here. The earliest this transaction may be consummated is June 9, 2023, the effective date of the exemption (30 days after the verified notice was filed). 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(g) 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 by June 2, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36687, 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 BNR’s representative, Karl Morell, Karl Morell & Associates, 440 1st Street NW, Suite 440, Washington, DC 20001. Board decisions and notices are available at www.stb.gov. Decided: May 22, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2023–11224 Filed 5–25–23; 8:45 am] BILLING CODE 4915–01–P VerDate Sep<11>2014 18:14 May 25, 2023 Jkt 259001 SURFACE TRANSPORTATION BOARD [Docket No. FD 36686] Bogalusa and Northern Railway, LLC— Change in Operator Exemption— Bogalusa Bayou Railroad, LLC Bogalusa and Northern Railway, LLC (BNR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to permit BNR to acquire from Illinois Central Railroad Company (IC) trackage rights over a one-mile rail line extending between milepost 68.85, at Leescreek, La, and milepost 69.85, at Bogalusa, La. (the Line). The Line is currently operated by Bogalusa Bayou Railroad, LLC (BBRR), pursuant to a trackage rights agreement between IC and BBRR.1 According to the verified notice, BNR and IC have entered into an agreement granting BNR restricted overhead rights over the Line limited to movements of crude tall oil, crude sulphate turpentine, pulpboard, and recycled paper.2 IC will also continue to be an operator over the Line. The verified notice further states that the transaction will effectuate a change of common carrier operator from BBRR to BNR, under which, coterminous with BNR’s commencement of common carrier operations, the current trackage rights agreement between BBRR and IC governing BBRR’s operations will terminate and BBRR’s common carrier operations will cease.3 This transaction is related to a concurrently filed verified notice of exemption in Rio Grande Pacific Corp.—Continuance in Control Exemption—Bogalusa & Northern Railway, Docket No. FD 36687, in which Rio Grande Pacific Corporation seeks to continue in control of BNR upon BNR’s becoming a Class III rail carrier. BNR certifies that the agreement between BNR and IC does not contain any provision that would limit interchange with a third-party carrier. BNR also certifies that its projected annual revenues as a result of this transaction will not result in it becoming a Class II or Class I rail carrier and that its projected annual revenue will not exceed $5 million. 1 See Bogalusa Bayou R.R.—Acquis. of Trackage Rights Exemption Containing Interchange Commitment—Ill. Cent. R.R., FD 35880 (STB served Dec. 17, 2014). 2 BNR has provided public and confidential version of its trackage rights agreement. The confidential version was submitted under seal concurrently with a motion for protective order, which will be addressed in a separate Board decision. 3 BNR states that BBRR is aware of the proposed change of operators and concurs in the same. PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 34205 Under 49 CFR 1150.32(b), a change in operator requires that notice be given to shippers. BNR states that it has sent a copy of its verified notice to International Paper, the sole customer on the Line. The transaction may be consummated on or after June 9, 2023, the effective date of the exemption (30 days after the verified notice was filed). 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 June 2, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36686, 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 BNR’s representative, Karl Morell, Karl Morell & Associates, 440 1st Street NW, Suite 440, Washington, DC 20001. According to BNR, 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)(1). Board decisions and notices are available at www.stb.gov. Decided: May 22, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2023–11223 Filed 5–25–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36702] Chesapeake and Indiana Railroad Company, LLC—Lease and Operation Exemption—Northern Indiana Railroad Company, LLC Chesapeake & Indiana Railroad Company, LLC (CKIN), a Class III rail carrier, has filed a verified notice of exemption pursuant to 49 CFR 1150.41 to continue to lease and operate 27.52 miles of rail line that extend between milepost CF 0.63, at or near Lacrosse, Ind., and milepost CF 15.23, at or near Wellsboro, Ind., and between milepost CI 218.0, at or near English Lake, Ind., and milepost CI 230.92, at or near E:\FR\FM\26MYN1.SGM 26MYN1 34206 Federal Register / Vol. 88, No. 102 / Friday, May 26, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 Malden, Ind., in LaPorte, Porter, and Starke Counties, Ind. (the Line).1 According to the verified notice, the Line is currently owned by Northern Indiana Railroad, LLC (NIRC), and operated under lease by CKIN. CKIN’s predecessor, Chesapeake & Indiana Railroad, Inc.,2 first obtained authorization to operate approximately 32.97 miles of track (including the Line and an additional 5.45-mile segment) in 2004 pursuant to a lease with the Line’s former owner, the Town of North Judson, Ind. (the Town). Chesapeake & Ind. R.R.—Operation Exemption—N. Judson, Ind., FD 34529 (STB served Aug. 20, 2004). An amended lease between CKIN and the Town was subsequently filed with the Board and went into effect in 2017. Chesapeake & Ind. R.R.—Amended Operation Exemption—N. Judson, Ind., FD 36147 (STB served Oct. 20, 2017). CKIN subsequently discontinued service on the additional 5.45-mile segment. Chesapeake & Ind. R.R.— Discontinuance of Serv. Exemption—in Starke Cnty., Ind., AB 1259X (STB served Nov. 28, 2017).3 In 2021, NIRC acquired from the Town the entire 32.97 miles of rail line (including the Line and the 5.45-mile segment over which service had been discontinued), see N. Ind. R.R.—Acquis. Exemption—N. Judson, Ind., FD 36499 (STB served Apr. 2, 2021), and NIRC assumed the lease with CKIN. In connection with the sale transaction, CKIN and NIRC entered into a new lease agreement, amending the terms under which CKIN will continue its existing operations on the Line. CKIN states that the new lease agreement will become effective as of the effective date of this notice of exemption.4 1 By letter filed May 23, 2023, CKIN corrected the milepost description for the portion of the Line between Lacrosse and Wellsboro, indicating that all references in its verified notice to ‘‘milepost CF 0.23’’ should be replaced with ‘‘milepost CF 0.63’’ and all references to the Line constituting ‘‘27.92 miles’’ should be replaced with ‘‘27.52 miles.’’ 2 CKIN was recently acquired by Gulf & Atlantic Railways, LLC (an affiliate of Macquarie Infrastructure Partners V GP, LLC). As part of that transaction, CKIN was converted to a limited liability company through an asset transfer. (Verified Notice 2 n.1 (citing Macquarie Infrastructure Partners V GP, LLC, Verified Notice 3 n.5, Macquarie Infrastructure Partners V GP, LLC—Control Exemption—Camp Chase Rail, LLC, FD 36685).) Both the current CKIN and its predecessor are referred to herein as CKIN. 3 The discontinued segment extended between milepost CI 212.55, at or near North Judson, and milepost CI 218.0, at or near English Lake, in Starke County. (See Verified Notice 3 n.4.) 4 CKIN states that, because CKIN is a Class III rail carrier and is seeking to lease and operate the rail property of a third party over which CKIN already operates, the new lease transaction is within the scope of the exemption set out in 49 CFR 1150.41. (Verified Notice 4 & n.7 (citing C&S R.R.—Lease & VerDate Sep<11>2014 18:14 May 25, 2023 Jkt 259001 CKIN certifies that its projected annual revenues as a result of the transaction will not result in the creation of a Class II or Class I rail carrier and will not exceed $5 million. CKIN states that neither the new lease agreement nor the prior lease agreement contains any provision or agreement that may limit future interchange with a third party connecting carrier and that the Line is not subject to any agreement that imposes such an interchange commitment. The transaction may be consummated on or after June 11, 2023, the effective date of the exemption (30 days after the verified notice was filed). 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 June 2, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36702, 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 CKIN’s representative, Terence M. Hynes, Sidley Austin LLP, 1501 K St., NW, Washington, DC 20005. According to CKIN, 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: May 23, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Stefan Rice, Clearance Clerk. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [FAA Docket number: FAA–2023–1292] NextGen Advisory Committee; Notice of Public Meeting Federal Aviation Administration (FAA), Department of Transportation. ACTION: Notice of public meeting. AGENCY: This notice announces a meeting of the NextGen Advisory Committee (NAC). DATES: The meeting will be held on June 12, 2023, from 1:00 p.m.–4:30 p.m. ET. Requests to attend the meeting in person or virtually must be received by June 5, 2023. Requests for accommodations for a disability must be received by June 5, 2023. If you wish to make a public statement during the meeting, you must submit a written copy of your remarks by June 5, 2023. Written materials requested to be reviewed by NAC Members before the meeting must be received no later than June 5, 2023. ADDRESSES: The meeting will be held at the Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591, with a virtual option. Virtual meeting information will be provided on the NAC internet website at least one week in advance of the meeting. Information on the NAC, including previous meeting minutes, is available on the NAC internet website at https://www.faa.gov/about/office_org/ headquarters_offices/ang/nac/. Members of the public who wish to observe the meeting virtually or in person must send the required information listed in the SUPPLEMENTAL INFORMATION section to 9-AWA-ANGNACRegistration@faa.gov. FOR FURTHER INFORMATION CONTACT: Kimberly Noonan, NAC Coordinator, U.S. Department of Transportation, at Kimberly.Noonan@faa.gov or 202–267– 3760. Any requests or questions not regarding attendance registration should be sent to the person listed in this section. SUMMARY: [FR Doc. 2023–11342 Filed 5–25–23; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 4915–01–P I. Background Operation Exemption—Reading Blue Mountain & N. R.R., FD 36517 (STB served May 28, 2021); Portland & W. R.R.—Amended Lease & Operation Exemption Containing Interchange Commitment— BNSF Ry., FD 36391 (STB served Apr. 16, 2020)).) PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 The Secretary of Transportation established the NAC under agency authority in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, Public Law 92–463, 5 U.S.C. app. 2, to provide independent advice and recommendations to the FAA and to respond to specific taskings received directly from the FAA. The NAC E:\FR\FM\26MYN1.SGM 26MYN1

Agencies

[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Notices]
[Pages 34205-34206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11342]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36702]


Chesapeake and Indiana Railroad Company, LLC--Lease and Operation 
Exemption--Northern Indiana Railroad Company, LLC

    Chesapeake & Indiana Railroad Company, LLC (CKIN), a Class III rail 
carrier, has filed a verified notice of exemption pursuant to 49 CFR 
1150.41 to continue to lease and operate 27.52 miles of rail line that 
extend between milepost CF 0.63, at or near Lacrosse, Ind., and 
milepost CF 15.23, at or near Wellsboro, Ind., and between milepost CI 
218.0, at or near English Lake, Ind., and milepost CI 230.92, at or 
near

[[Page 34206]]

Malden, Ind., in LaPorte, Porter, and Starke Counties, Ind. (the 
Line).\1\
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    \1\ By letter filed May 23, 2023, CKIN corrected the milepost 
description for the portion of the Line between Lacrosse and 
Wellsboro, indicating that all references in its verified notice to 
``milepost CF 0.23'' should be replaced with ``milepost CF 0.63'' 
and all references to the Line constituting ``27.92 miles'' should 
be replaced with ``27.52 miles.''
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    According to the verified notice, the Line is currently owned by 
Northern Indiana Railroad, LLC (NIRC), and operated under lease by 
CKIN. CKIN's predecessor, Chesapeake & Indiana Railroad, Inc.,\2\ first 
obtained authorization to operate approximately 32.97 miles of track 
(including the Line and an additional 5.45-mile segment) in 2004 
pursuant to a lease with the Line's former owner, the Town of North 
Judson, Ind. (the Town). Chesapeake & Ind. R.R.--Operation Exemption--
N. Judson, Ind., FD 34529 (STB served Aug. 20, 2004). An amended lease 
between CKIN and the Town was subsequently filed with the Board and 
went into effect in 2017. Chesapeake & Ind. R.R.--Amended Operation 
Exemption--N. Judson, Ind., FD 36147 (STB served Oct. 20, 2017). CKIN 
subsequently discontinued service on the additional 5.45-mile segment. 
Chesapeake & Ind. R.R.--Discontinuance of Serv. Exemption--in Starke 
Cnty., Ind., AB 1259X (STB served Nov. 28, 2017).\3\ In 2021, NIRC 
acquired from the Town the entire 32.97 miles of rail line (including 
the Line and the 5.45-mile segment over which service had been 
discontinued), see N. Ind. R.R.--Acquis. Exemption--N. Judson, Ind., FD 
36499 (STB served Apr. 2, 2021), and NIRC assumed the lease with CKIN. 
In connection with the sale transaction, CKIN and NIRC entered into a 
new lease agreement, amending the terms under which CKIN will continue 
its existing operations on the Line. CKIN states that the new lease 
agreement will become effective as of the effective date of this notice 
of exemption.\4\
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    \2\ CKIN was recently acquired by Gulf & Atlantic Railways, LLC 
(an affiliate of Macquarie Infrastructure Partners V GP, LLC). As 
part of that transaction, CKIN was converted to a limited liability 
company through an asset transfer. (Verified Notice 2 n.1 (citing 
Macquarie Infrastructure Partners V GP, LLC, Verified Notice 3 n.5, 
Macquarie Infrastructure Partners V GP, LLC--Control Exemption--Camp 
Chase Rail, LLC, FD 36685).) Both the current CKIN and its 
predecessor are referred to herein as CKIN.
    \3\ The discontinued segment extended between milepost CI 
212.55, at or near North Judson, and milepost CI 218.0, at or near 
English Lake, in Starke County. (See Verified Notice 3 n.4.)
    \4\ CKIN states that, because CKIN is a Class III rail carrier 
and is seeking to lease and operate the rail property of a third 
party over which CKIN already operates, the new lease transaction is 
within the scope of the exemption set out in 49 CFR 1150.41. 
(Verified Notice 4 & n.7 (citing C&S R.R.--Lease & Operation 
Exemption--Reading Blue Mountain & N. R.R., FD 36517 (STB served May 
28, 2021); Portland & W. R.R.--Amended Lease & Operation Exemption 
Containing Interchange Commitment--BNSF Ry., FD 36391 (STB served 
Apr. 16, 2020)).)
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    CKIN certifies that its projected annual revenues as a result of 
the transaction will not result in the creation of a Class II or Class 
I rail carrier and will not exceed $5 million. CKIN states that neither 
the new lease agreement nor the prior lease agreement contains any 
provision or agreement that may limit future interchange with a third 
party connecting carrier and that the Line is not subject to any 
agreement that imposes such an interchange commitment.
    The transaction may be consummated on or after June 11, 2023, the 
effective date of the exemption (30 days after the verified notice was 
filed).
    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 June 2, 2023 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36702, 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 
CKIN's representative, Terence M. Hynes, Sidley Austin LLP, 1501 K St., 
NW, Washington, DC 20005.
    According to CKIN, 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: May 23, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2023-11342 Filed 5-25-23; 8:45 am]
BILLING CODE 4915-01-P
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