[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Notices]
[Pages 7537-7538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3229]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35347]


Elkhart & Western Railroad Co.--Lease and Operation Exemption--
Norfolk Southern Railway Company

    Elkhart & Western Railroad Co. (EWR), a Class III rail carrier,\1\ 
has filed a verified notice of exemption under 49 CFR 1150.41 to lease 
and to operate, pursuant to a lease agreement (Agreement) \2\ with 
Norfolk Southern Railway Company (NSR), approximately 23.0 miles of 
NSR's rail line generally referred to as a portion of the Michigan City 
Branch (MCB) extending between milepost I 108.6+/- at Argos, IN 
(including track extending from the clearance point of the east switch 
of the track connecting the MCB to NSR's Argos Yard, continuing to the 
end of the right-of-way at Argos), and milepost I 131.6+/- at 
Walkerton, IN, but excluding the trackage and diamonds between the 
northbound and southbound home signals at CP West Argos (which trackage 
NSR will retain to protect the crossing of NSR's Chicago District).
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    \1\ See Pioneer Railcorp and Michigan Southern Railroad 
Company--Corporate Family Transaction Exemption, STB Finance Docket 
No. 33941 (STB served Oct. 10, 2000).
    \2\ EWR states that it has executed the Agreement, and that NSR 
will shortly execute the Agreement.
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    EWR states that it will interchange traffic with NSR at a track in 
the vicinity of Argos Yard. EWR also states that it does not believe 
that the Agreement contains an interchange commitment that would impede 
EWR's ability to interchange with third party carriers. See 49 CFR 
1150.43(h). According to EWR, the Agreement does contain a standard 
rental credit provision, which EWR sought in negotiations to afford it 
greater financial flexibility to, among other things, improve the 
line's infrastructure. To ensure adherence to 49 CFR 1150.43(h) for 
transactions involving interchange commitments, EWR concurrently has 
filed with its notice a complete version of the Agreement, marked 
``highly confidential'' and submitted under seal pursuant to 49 CFR 
1104.14(a).
    EWR certifies that its projected annual revenues as a result of the 
transaction will not result in it becoming a Class II or Class I rail 
carrier and further certifies that its projected annual revenues will 
not exceed $5 million.
    The transaction is scheduled to be consummated on or after March 6, 
2010, the effective date of the exemption (30 days after the exemption 
was filed).

[[Page 7538]]

    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 February 26, 
2010 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35347, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Robert A. Wimbish, Baker & 
Miller, PLLC, 2401 Pennsylvania Ave., NW., Suite 300, Washington, DC 
20037.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: February 16, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-3229 Filed 2-18-10; 8:45 am]
BILLING CODE 4915-01-P