Patton-Lowe RR, Inc.-Acquisition Exemption-Consolidated Rail Corporation

Federal Register, Volume 85 Issue 2 (Friday, January 3, 2020)
[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Pages 409-410]
From the Federal Register Online via the Government Publishing Office []
[FR Doc No: 2019-28392]
[Docket No. FD 36366]
Patton-Lowe RR, Inc.--Acquisition Exemption--Consolidated Rail
    Patton-Lowe RR, Inc. (PLRI), a noncarrier, has filed a verified
notice of exemption under 49 CFR 1150.31 to acquire from Consolidated
Rail Corporation (Conrail) an approximately 0.37-mile rail line
extending from milepost 64.43 at Craig \1\ (east of the at-grade
crossing of Indiana SR 46, at a
[[Page 410]]
point of connection with the Central Railroad Company of Indiana's
(CIND) Westport Industrial Track near CIND milepost 225.0) to milepost
64.80, also at Craig (near the intersection of N County Road 250 W and
West Base Road).
    \1\ Craig is an unincorporated railroad location immediately
west of the boundary of the City of Greensburg, Ind.
    According to the verified notice of exemption, PLRI is a subsidiary
of Lowe's Pellets & Grain, Inc. (Lowe's). PLRI states that CIND had
operated over the Line to provide direct rail service to Lowe's for
several years but recently declined to provide service, advising Lowe's
that it appeared that the Line was owned by Conrail, not CIND. Lowe's
created PLRI to purchase the Line from Conrail, which confirmed its
ownership of the Line. PLRI states that, although it may elect to
provide common carrier service itself should the need arise, it
contemplates reaching an accord with CIND under which CIND would resume
switching operations over the Line.
    PLRI certifies that its projected annual revenues are not expected
to exceed $5 million, and will not exceed those that would qualify it
as a Class III rail carrier. PLRI further certifies that the proposed
transaction does not involve any provision or agreement that would
limit future interchange with a third-party connecting carrier.
    The transaction may be consummated on or after January 19, 2020,
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 to stay must be filed no later than January 10,
2020 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36366, must be filed with
the Surface Transportation Board either via e-filing or in writing
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on PLRI's representative, Robert
A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800,
Chicago, IL 60606-3208.
    According to PLRI, 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)(1).
    Board decisions and notices are available at
    Decided: December 27, 2019.
    By the Board, Allison C. Davis, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2019-28392 Filed 1-2-20; 8:45 am]