Notice2023-19443
Red River Valley & Western Railroad Company-Acquisition and Operation Exemption-Rail Line of BNSF Railway 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
September 8, 2023
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 173 (Friday, September 8, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Page 62140]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19443]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36719]
Red River Valley & Western Railroad Company--Acquisition and
Operation Exemption--Rail Line of BNSF Railway Company
Red River Valley & Western Railroad Company (RRVW), a Class III
rail carrier, has filed a verified notice of exemption under 49 CFR
1150.41 to acquire from BNSF Railway Company (BNSF) and to operate an
approximately 0.4-mile rail line, extending from milepost 54.55 to
milepost 54.95 in Casselton, Cass County, N.D. (the Line).\1\
---------------------------------------------------------------------------
\1\ On September 1, 2023, RRVW filed an errata to its verified
notice of exemption to note that the Line is an approximately 0.4-
mile rail segment, rather than a 0.5-mile rail segment as previously
indicated in its notice filed on August 23, 2023.
---------------------------------------------------------------------------
According to the verified notice, RRVW reached an agreement with
BNSF in 2006 for acquisition and operation of the Line. RRVW states
that the parties' transaction was consummated in 2006 and that RRVW has
been operating over the Line since that time.\2\ RRVW states, however,
that it recently discovered that it inadvertently neglected to seek
acquisition and operation authority for the Line from the Board when it
acquired the Line from BNSF. RRVW now seeks after-the-fact Board
authorization for its prior acquisition and operation of the Line.\3\
---------------------------------------------------------------------------
\2\ RRVW states that, in 1987, it received authority from the
agency to acquire the tracks, physical assets, and common carrier
obligation for 656 miles of various rail lines from BNSF. See Red
River Valley & W. R.R.--Acquis. & Operation Exemption--Certain Lines
of Burlington N. R.R., FD 31071 (ICC served July 22, 1987).
According to RRVW, the Line was not part of that original
transaction but provides a connection from the lines acquired in
1987 to one of RRVW's customers, Tharaldson Ethanol.
\3\ RRVW is not seeking retroactive effectiveness for the
exemption.
---------------------------------------------------------------------------
RRVW certifies that the proposed acquisition of the Line does not
involve any interchange commitments. RRVW further certifies that its
projected revenues as a result of this transaction will not (and did
not) result in the creation of a Class II or Class I rail carrier.
Pursuant to 49 CFR 1150.42(e), if a carrier's projected annual revenues
will exceed $5 million, it must, at least 60 days before the exemption
becomes effective, post a notice of its intent to undertake the
proposed transaction at the workplace of the employees on the affected
lines, serve a copy of the notice on the national offices of the labor
unions with employees on the affected lines, and certify to the Board
that it has done so. However, RRVW has filed a request for partial
waiver of the 60-day advance labor notice requirements to allow the
exemption to take effect as soon as its waiver request is granted, but
no earlier than 30 days after the filing of RRVW's notice of exemption.
RRVW's waiver request will be addressed in a separate decision. The
Board will establish the effective date of the exemption in its
separate decision on the waiver request.
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 September 15,
2023.
All pleadings referring to Docket No. FD 36719 should 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
RRVW's representative, William A. Mullins, Baker & Miller PLLC, 2401
Pennsylvania Avenue NW, Suite 300, Washington, DC 20037.
According to RRVW, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c)(1)(i) and from historic
reporting requirements under 49 CFR 1105.8(b)(1).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: September 5, 2023.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023-19443 Filed 9-7-23; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on September 8, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.