[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Notices]
[Pages 71921-71922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22988]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35441 (Sub-No. 1)]


Blackwell Northern Gateway Railroad Company--Lease Exemption--
Oklahoma Department of Transportation and Blackwell Industrial 
Authority

    Blackwell Northern Gateway Railroad Company (BNGR), a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to continue to lease approximately 37.26 miles of rail line, 
owned by the Oklahoma Department of Transportation (ODOT) and Blackwell 
Industrial Authority (BIA) and extending from milepost 0.09 at 
Wellington, Kan., to milepost 35.35 at Blackwell, Okla., and from 
milepost 127.0 at Blackwell to milepost 125.0 also at Blackwell (the 
Line). ODOT owns the portions of the Line extending from milepost 18.32 
at Hunnewell, Kan., to milepost 35.35 at Blackwell, and from milepost 
127.0 to milepost 126.45 in Blackwell. BIA owns the portions of the 
Line extending from milepost 0.09 at Wellington to milepost 18.32 at 
Hunnewell, and from milepost 126.45 to milepost 125.0 in Blackwell.
    BNGR states that it currently operates the Line pursuant to a lease 
agreement with ODOT and BIA.\1\ According to BNGR, it, ODOT, and BIA 
have executed a new Track Lease and Operating Agreement, which will 
govern BNGR operation of the Line upon the effective date of this 
notice.
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    \1\ See Blackwell N. Gateway R.R.--Lease Renewal Exemption--
Okla. Dept. of Transp., FD 35441 (STB served Nov. 17, 2010).
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    BNGR certifies that its projected annual freight revenues will not 
result in the creation of a Class I or Class II rail carrier and will 
not exceed $5 million. BNGR also certifies that the agreement does not 
include an interchange commitment.
    The transaction may be consummated on or after November 1, 2023,\2\ 
the effective date of the exemption (30 days after the verified notice 
was filed).
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    \2\ BNGR initially submitted its verified notice on September 
29, 2023, but supplemented it by letter on October 2, 2023. The date 
of BNGR's supplement will be considered the filing date for purposes 
of calculating the effective date of this exemption.
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    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 October 25, 
2023 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 35441 (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, a copy of each pleading must be 
served on BNGR's representative, Bradon J. Smith, Fletcher & Sippel 
LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606.
    According to BNGR, 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: October 13, 2023.


[[Page 71922]]


    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2023-22988 Filed 10-17-23; 8:45 am]
BILLING CODE 4915-01-P