[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79331-79332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22216]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36811]


Oklahoma & Kansas Railroad, LLC--Change of Operator Exemption--
Oklahoma Department of Transportation and Blackwell Industrial 
Authority

    Oklahoma & Kansas Railroad, LLC (OKRL), a noncarrier, has filed a 
verified

[[Page 79332]]

notice of exemption under 49 CFR 1150.31 to lease and operate 
approximately 37.26 miles of rail line owned by Oklahoma Department of 
Transportation (OKDOT) and Blackwell Industrial Authority (BIA) 
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). OKRL states that OKDOT owns the 
portions of the Line extending from milepost 18.32 at Hunnewell, Kan., 
to milepost 35.35, and from milepost 127.0 to milepost 126.45. OKRL 
further states that BIA owns the portions of the Line extending from 
milepost 0.09 to milepost 18.32 and from milepost 126.45 to milepost 
125.0. The verified notice states that under the proposed transaction 
OKRL will replace Blackwell Northern Gateway Railroad Company (BNGR), 
the current common carrier service provider on the Line. See State of 
Okla.--Alt. Rail Serv.--Line of Blackwell N. Gateway R.R., FD 36762 
(STB served July 26, 2024).
    According to the verified notice, the transaction involves OKRL's 
proposed lease of, and commencement of common carrier service over, the 
Line. OKRL further states that once the proposed lease transaction is 
effectuated, OKRL will assume a common carrier status over the Line in 
place of BNGR.\1\
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    \1\ The verified notice states that OKRL understands that BNGR 
does not object to the proposed change in operator.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Chicago Rock Island & Pacific Railroad--Continuance in 
Control Exemption--Oklahoma & Kansas Railroad, Docket No. FD 36812, in 
which Chicago Rock Island & Pacific Railroad LLC seeks to continue in 
control of OKRL upon OKRL's becoming a Class III rail carrier.
    OKRL certifies that the agreement governing the transaction does 
not include any provision that may limit future interchange with a 
third-party connecting carrier. OKRL also certifies that its projected 
annual revenues as a result of this transaction will not result in its 
becoming a Class II or Class I rail carrier and that its projected 
annual revenue will not exceed $5 million.
    Under 49 CFR 1150.32(b), a change in operator requires that notice 
be given to shippers. OKRL certifies that it has provided a copy of its 
verified notice of exemption to all customers on the Line in accordance 
with the Board's change of operator rules.
    The transaction may be consummated on or after October 13, 2024, 
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 October 4, 
2024 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36811, 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 
OKRL's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606.
    According to OKRL, 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: September 24, 2024.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2024-22216 Filed 9-26-24; 8:45 am]
BILLING CODE 4915-01-P