Notice2022-01625
Missouri Eastern Railroad, LLC-Change in Operator Exemption With Interchange Commitment-Union Pacific Railroad Company
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 27, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 18 (Thursday, January 27, 2022)</title>
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[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Notices]
[Pages 4324-4325]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01625]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36574]
Missouri Eastern Railroad, LLC--Change in Operator Exemption With
Interchange Commitment--Union Pacific Railroad Company
Missouri Eastern Railroad, LLC (MER), a Class III rail carrier, has
filed a verified notice of exemption pursuant to 49 CFR 1150.41 to
assume operation of approximately 8.65 miles of rail line between
Vigus, Mo. (milepost 19.0) and Rock Island Jct., Mo. (milepost 10.35),
along with connected sidings and ancillary tracks (collectively, the
Line).\1\ Union Pacific Railroad Company (UP) owns the Line, and
Central Midland Railway Company (CMRC) currently operates the Line
under a lease.\2\
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\1\ MER recently acquired incidental overhead trackage rights
over the Line as part of its acquisition of a connecting line. See
Mo. E. R.R.--Acquis. & Change of Operator Exemption--V & S Ry., FD
36550 (STB served Nov. 10, 2021).
\2\ CMRC has been authorized to lease and operate the Line since
2003. See Cent. Midland Ry.--Lease & Operation Exemption--Union Pac.
R.R., FD 34308 (STB served Jan. 27, 2003). In 2016, it was
authorized to continue to lease and operate the Line under a renewed
lease agreement (Lease). See Cent. Midland Ry.--Renewal of Lease
Exemption with Interchange Commitment--Union Pac. R.R. Lackland Sub-
Div., FD 35989 (STB served Jan. 29, 2016).
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According to the verified notice, MER has entered into an agreement
with CMRC--with UP's consent--under which CMRC will assign its interest
in the Lease to MER, and under which MER will replace CMRC as the
common carrier rail service provider on the Line subject to the same
terms, conditions, and restrictions.
As required under 49 CFR 1150.43(h)(1), MER certifies in its
verified notice that the Lease contains an interchange commitment that
applies to traffic that originates or terminates on the Line. Under the
interchange commitment, the annual rent due to UP depends on the
percentage of rail traffic originating or terminating on the Line that
is interchanged with UP via the Terminal Railroad Association of St.
[[Page 4325]]
Louis.\3\ MER has provided additional information regarding the
interchange commitment as required by 49 CFR 1150.43(h).
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\3\ A copy of the Lease containing the interchange commitment
was filed under seal with the verified notice. See 49 CFR
1150.43(h)(1).
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MER certifies that its projected annual revenues as a result of the
transaction will not exceed $5 million and will not result in the
creation of a Class I or Class II rail carrier.
Under 49 CFR 1150.42(b), a change in operator exemption requires
that notice be given to shippers. MER certifies that it has provided
notice of the proposed transaction and interchange commitment to
shippers that currently use or have used the Line in the last two
years.
The transaction may be consummated on or after February 10, 2022,
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 February 3,
2022 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36574, should be filed
with the Surface Transportation Board via e-filing on the Board's
website. In addition, a copy of each pleading must be served on MER's
representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to MER, this action is categorically excluded from
historic preservation reporting requirements under 49 CFR 1105.8(b) and
from environmental reporting requirements under 49 CFR 1105.6(c).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: January 24, 2022.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2022-01625 Filed 1-26-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on January 27, 2022.
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