[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Notices]
[Pages 73930-73931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23768]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36728]


New Era Railroad, LLC--Acquisition and Change in Operator 
Exemption--RMW Ventures, LLC

    New Era Railroad, LLC (NER), a noncarrier, has filed a verified 
notice of exemption under 49 CFR part 1150, subpart D to acquire and 
operate approximately 26.46 miles of rail line owned by RMW Ventures, 
LLC (RMW), between milepost 117.0 in the vicinity of Curryville, Ind., 
and milepost 123.0 at Bluffton, Ind.; and from milepost 123.8 at 
Bluffton to milepost 144.26 in the vicinity of Van Buren, Ind. (the 
Line).\1\ The verified notice states that the Line is currently 
operated by Wabash Central

[[Page 73931]]

Railway, LLC (WCR), a short line controlled by RMW.
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    \1\ On October 20, 2023, NER filed an amended verified notice 
withdrawing portions of the verified notice pertaining to the 
acquisition of incidental overhead trackage rights over 
approximately 0.8 miles of rail line owned by Norfolk Southern 
Railway Company (NSR) between milepost 123.0 (corresponding to NSR 
milepost 163.0) and milepost 123.8 (corresponding to NSR milepost 
162.2). NER states that it will make other arrangements for 
interchange and operations over the NSR rail line.
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    According to the verified notice, NER and RMW have reached terms 
pursuant to which NER will acquire the Line. The verified notice states 
that, upon the closing of the railroad asset sale, RMW will terminate 
the lease agreement with WCR, and, as part of the transaction, WCR 
shall end its leasehold operating rights over the Line. The verified 
notice states that NER intends to commence common carrier operations 
over the Line on or after the anticipated effective date of this 
notice.
    NER certifies that the transaction does not involve any provision 
that would limit future interchange with a third-party connecting 
carrier. NER further certifies that its projected annual revenues 
resulting from the transaction will not exceed $5 million and will not 
result in NER's becoming a Class I or Class II rail carrier. Under 49 
CFR 1150.32(b), a change in operator requires that notice be given to 
shippers. NER states that notice of the proposed transaction has been 
provided to shippers on the Line.
    The earliest this transaction may be consummated is November 10, 
2023, the effective date of the exemption. 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 November 3, 2023 (at least seven days 
before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36728, must be filed with 
the Surface Transportation Board 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 NER's 
representative, Michael J. Barron, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to NER, 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 24, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2023-23768 Filed 10-26-23; 8:45 am]
BILLING CODE 4915-01-P