Central Railroad Company of Indianapolis-Change in Operators Exemption-Kokomo Rail, LLC

• Published date: 13 February 2019
• Citation: 84 FR 3847
• Record Number: 2019-02155
• Section: Notices
• Court: Surface Transportation Board

Federal Register, Volume 84 Issue 30 (Wednesday, February 13, 2019)

[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
                [Notices]
                [Pages 3847-3848]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-02155]
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                SURFACE TRANSPORTATION BOARD
                [Docket No. FD 36256]
                Central Railroad Company of Indianapolis--Change in Operators
                Exemption--Kokomo Rail, LLC
                 Central Railroad Company of Indianapolis (CERA), a Class III rail
                carrier, has filed a verified notice of exemption under 49 CFR 1150.41
                to assume operations over approximately 12.59 miles of track owned by
                Kokomo Rail, LLC (Kokomo Rail), extending from milepost 147.07 in
                Amboy, Ind., to milepost 134.48 in Marion, Ind. (the Line).
                 According to CERA, the Line previously was leased to, and operated
                by, US RAIL Corporation (US Rail) until its lease expired on November
                25, 2018. See U.S. Rail Corp.--Lease & Operation Exemption--Winamac S.
                Ry., FD 35205 (STB served Dec. 31, 2008), corrected, FD 35205 (STB
                served Jan. 15, 2009). CERA states that, since then, Kokomo Rail has
                been providing service on an interim basis.\1\ CERA states that it will
                provide its own common carrier service over the Line pursuant to a
                lease to be executed shortly, and that it will begin operations on
                receipt of all regulatory approvals or exemptions. CERA states
                [[Page 3848]]
                that US Rail does not object to the proposed change in operators and
                will no longer operate over the Line.
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                 \1\ CERA states that, because Kokomo Rail currently does not
                have railroad employees or equipment, Kokomo Rail has retained CERA
                to provide the interim common carrier service in the name and on
                behalf of Kokomo Rail.
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                 CERA states that there are no existing interchange commitments with
                any connecting carriers and that none will be required as part of this
                transaction. CERA certifies that its projected annual revenues as a
                result of the transaction will not exceed those that would qualify it
                as a Class III carrier and will not exceed $5 million.
                 Under 49 CFR 1150.42(b), a change in operator requires that notice
                be given to shippers. CERA certifies that it has provided notice of the
                proposed change in operators to Kokomo Grain, the only known shipper on
                the Line.
                 The earliest this transaction may be consummated is February 27,
                2019 (30 days after the verified notice was filed).\2\
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                 \2\ CERA submitted the verified notice during the partial
                shutdown of the Federal government from December 22, 2018, through
                January 25, 2019. Filings submitted during the partial shutdown are
                considered filed on January 28, 2019. See Filings Submitted or Due
                to Be Submitted During the Partial Fed. Gov't Shutdown, EP 751 (STB
                served Jan. 28, 2019).
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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 February 20,
                2019 (at least seven days before the exemption becomes effective).
                 An original and 10 copies of all pleadings, referring to Docket No.
                FD 36256, must be filed with the Surface Transportation Board, 395 E
                Street SW, Washington, DC 20423-0001. In addition, one copy of each
                pleading must be served on Eric M. Hocky, Clark Hill PLC, One Commerce
                Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103.
                 According to CERA, this action is excluded from environmental
                review under 49 CFR 1105.6(c) and from historic preservation reporting
                requirements under 49 CFR 1105.8(b)(1).
                 Board decisions and notices are available at www.stb.gov.
                 Decided: February 7, 2019.
                 By the Board, Allison C. Davis, Acting Director, Office of
                Proceedings.
                Brendetta Jones,
                Clearance Clerk.
                [FR Doc. 2019-02155 Filed 2-12-19; 8:45 am]
                BILLING CODE 4915-01-P