Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Notices 87045 

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. 

1The 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) 

Continued 

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. 

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)] 

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

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 

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


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