Iowa Northern Railway Company-Lease Renewal Exemption-Rail Line of North Central Iowa Rail Corridor, LLC, 87045 [2023-27634]

Download as PDF Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Notices transaction will not result in Lakeshore Terminal’s becoming a Class I or Class II rail carrier. The earliest this transaction may be consummated is December 31, 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 December 22, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36742, 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 Lakeshore Terminal’s representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606– 3208. According to Lakeshore Terminal, 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. 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 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. 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 1 IANR filed a correction to its verified notice of exemption on December 5, 2023. 2 IANR does not seek retroactive effectiveness for the exemption. Decided: December 12, 2023. By the Board, Mai Dinh, Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2023–27636 Filed 12–14–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 35508 (Sub-No. 1)] ddrumheller on DSK120RN23PROD with NOTICES1 Iowa Northern Railway Company— Lease Renewal Exemption—Rail Line of North Central Iowa Rail Corridor, LLC VerDate Sep<11>2014 17:57 Dec 14, 2023 Jkt 262001 PO 00000 Frm 00173 Fmt 4703 Sfmt 4703 87045 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 SURFACE TRANSPORTATION BOARD [Docket No. FD 36743] Patriot Rail Company LLC, SteelRiver Transport Ventures LLC, Global Diversified Infrastructure Fund (North America) LP, First State Infrastructure Managers (International) Limited, and Mitsubishi UFJ Financial Group, Inc.— Continuance in Control Exemption— Lakeshore Terminal Railroad LLC Patriot Rail Company LLC, SteelRiver Transport Ventures LLC, Global Diversified Infrastructure Fund (North America) LP, First State Infrastructure Managers (International) Limited, and Mitsubishi UFJ Financial Group, Inc. (collectively, Applicants), all noncarriers, have filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Lakeshore Terminal Railroad LLC (Lakeshore Terminal) upon Lakeshore Terminal’s becoming a Class III rail carrier. This transaction is related to a verified notice of exemption filed concurrently in Lakeshore Terminal Railroad—Acquisition & Operation Exemption—Track in Lake County, Ind., Docket No. FD 36742, in which Lakeshore Terminal seeks to acquire and commence common carrier operations over approximately 0.5 miles of track located in East Chicago, Lake County, Ind. According to the verified notice, Applicants currently control Lakeshore Terminal in addition to 31 existing Class III rail carriers in 21 states.1 1 The verified notice lists the railroads and the location of their operations as follows: (1) Alabama & Florida Railway Co., Inc. d/b/a Ripley & New Albany Railroad Co.—Alabama and Mississippi; (2) Columbia & Cowlitz Railway, LLC—Washington; (3) Decatur Junction Railway Co. LLC—Illinois; (4) Delta Southern Railroad, Inc.—Louisiana; (5) DeQueen and Eastern Railroad, LLC—Arkansas; (6) Elkhart & Western Railroad Co. LLC—Indiana; (7) E:\FR\FM\15DEN1.SGM Continued 15DEN1

Agencies

[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.
---------------------------------------------------------------------------

    \2\ IANR does not seek retroactive effectiveness for the 
exemption.
---------------------------------------------------------------------------

    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
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