[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Notices]
[Pages 5767-5768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01807]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35347 (Sub-No. 2)]


Elkhart & Western Railroad Co.--Amended Lease and Operation 
Exemption Containing Interchange Commitment--Norfolk Southern Railway 
Company

    Elkhart & Western Railroad Co. (EWR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to continue 
to lease and operate approximately 23.0 miles of rail line from Norfolk 
Southern Railway Company (NSR) between milepost I 108.6+/- (at Argos, 
Ind.) and milepost I 131.6 +/- (at Walkerton, Ind.) (the Line).
    The verified notice states that EWR entered into a lease agreement 
with NSR in 2010. See Elkhart & W. R.R.--Lease & Operation Exemption--
Norfolk S. Ry., FD 35347 (STB served Feb. 19, 2010). The parties 
amended the lease in 2016. See Elkhart & W. R.R.--Amended Lease & 
Operation Exemption Containing Interchange Commitment--Norfolk S. Ry., 
FD 35347 (Sub-No. 1) (STB served Oct. 14, 2016). According to the 
verified notice, EWR and NSR have agreed to further amend the lease 
agreement to extend the term of the lease to July 31, 2029, and to 
modify certain other specific terms of the agreement.\1\ EWR states 
that the amended lease agreement will take effect upon the effective 
date of the notice of exemption.
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    \1\ A copy of the amended agreement with the interchange 
commitment was submitted under seal. See 49 CFR 1150.43(h)(1).
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    According to EWR, it will continue to interchange traffic with NSR 
at a track in the vicinity of the Argos Yard. EWR states that the lease 
agreement, as amended, does not prohibit or limit EWR from 
interchanging with third-party connecting carriers that connect to the 
Line, nor does the agreement set forth terms governing EWR's 
interchange of traffic with such third-party carriers. However, as 
required under 49 CFR 1150.43(h)(1), EWR has disclosed in its verified 
notice that the lease agreement, as amended, contains an interchange 
commitment in the form of lease credits. EWR has also provided 
additional information regarding the interchange commitment as required 
by 49 CFR 1150.43(h).
    EWR certifies that its projected annual revenues do not exceed 
those that would qualify it as a Class II or Class I rail carrier and 
would not exceed $5 million.
    The proposed transaction may be consummated on February 14, 2020, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed). 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 to stay must be filed no later than 
February 7, 2020 (at least seven days before the exemption becomes 
effective).
    All pleadings, referring to Docket No. FD 35347 (Sub-No. 2), must 
be filed with the Surface Transportation Board, either via e-filing or 
in writing addressed to 395 E Street SW,

[[Page 5768]]

Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on EWR's representative, W. Karl Hansen, Stinson LLP, 50 South 
Sixth Street, Suite 2600, Minneapolis, MN 55402.
    According to EWR, 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: January 27, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2020-01807 Filed 1-30-20; 8:45 am]
 BILLING CODE 4915-01-P