Notice2023-22988
Blackwell Northern Gateway Railroad Company-Lease Exemption-Oklahoma Department of Transportation and Blackwell Industrial Authority
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
October 18, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 200 (Wednesday, October 18, 2023)</title>
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[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Notices]
[Pages 71921-71922]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22988]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 35441 (Sub-No. 1)]
Blackwell Northern Gateway Railroad Company--Lease Exemption--
Oklahoma Department of Transportation and Blackwell Industrial
Authority
Blackwell Northern Gateway Railroad Company (BNGR), a Class III
rail carrier, has filed a verified notice of exemption under 49 CFR
1150.41 to continue to lease approximately 37.26 miles of rail line,
owned by the Oklahoma Department of Transportation (ODOT) and Blackwell
Industrial Authority (BIA) and 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). ODOT owns the portions of the Line extending from milepost 18.32
at Hunnewell, Kan., to milepost 35.35 at Blackwell, and from milepost
127.0 to milepost 126.45 in Blackwell. BIA owns the portions of the
Line extending from milepost 0.09 at Wellington to milepost 18.32 at
Hunnewell, and from milepost 126.45 to milepost 125.0 in Blackwell.
BNGR states that it currently operates the Line pursuant to a lease
agreement with ODOT and BIA.\1\ According to BNGR, it, ODOT, and BIA
have executed a new Track Lease and Operating Agreement, which will
govern BNGR operation of the Line upon the effective date of this
notice.
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\1\ See Blackwell N. Gateway R.R.--Lease Renewal Exemption--
Okla. Dept. of Transp., FD 35441 (STB served Nov. 17, 2010).
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BNGR certifies that its projected annual freight revenues will not
result in the creation of a Class I or Class II rail carrier and will
not exceed $5 million. BNGR also certifies that the agreement does not
include an interchange commitment.
The transaction may be consummated on or after November 1, 2023,\2\
the effective date of the exemption (30 days after the verified notice
was filed).
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\2\ BNGR initially submitted its verified notice on September
29, 2023, but supplemented it by letter on October 2, 2023. The date
of BNGR's supplement will be considered the filing date for purposes
of calculating the effective date of this exemption.
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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 October 25,
2023 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 35441 (Sub-No. 1), 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 BNGR's representative, Bradon J. Smith, Fletcher & Sippel
LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606.
According to BNGR, 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 <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: October 13, 2023.
[[Page 71922]]
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2023-22988 Filed 10-17-23; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on October 18, 2023.
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