Notice2023-27636

Lakeshore Terminal Railroad LLC-Acquisition and Operation Exemption-Track in Lake County, Ind.

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Published
December 15, 2023

Issuing agencies

Surface Transportation Board

Full Text

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<title>Federal Register, Volume 88 Issue 240 (Friday, December 15, 2023)</title>
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[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Notices]
[Pages 87044-87045]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27636]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36742]


Lakeshore Terminal Railroad LLC--Acquisition and Operation 
Exemption--Track in Lake County, Ind.

    Lakeshore Terminal Railroad LLC (Lakeshore Terminal), a noncarrier, 
has filed a verified notice of exemption pursuant to 49 CFR 1150.31 to 
acquire and operate approximately 0.5 miles (2,854 feet) of what is 
currently private industry track in East Chicago, Lake County, Ind., 
extending from a point of connection with Indiana Harbor Belt Railroad 
Company to the end of track (the Line).
    This transaction is related to a verified notice of exemption 
concurrently filed in Patriot Rail Company--Continuance in Control 
Exemption--Lakeshore Terminal Railroad, Docket No. FD 36743, in which 
Patriot Rail Company LLC and a number of other related applicants seek 
to continue in control of Lakeshore Terminal upon Lakeshore Terminal's 
becoming a Class III rail carrier.
    According to Lakeshore Terminal, its noncarrier corporate 
affiliate, Lakeshore Railcar & Tanker Services LLC (Lakeshore 
Services), currently owns the Line and uses it for non-common carrier 
activity (primarily, freight car repair and cleaning). The verified 
notice states that Lakeshore Terminal and Lakeshore Services have an 
agreement under which Lakeshore Services will convey the Line to 
Lakeshore Terminal for the initiation of railroad common carrier 
service. Lakeshore Terminal states that it will operate and provide all 
rail common carrier service to customers on the Line and connecting 
ancillary trackage once the exemption becomes effective.
    Lakeshore Terminal certifies that it will not be subject to any 
limitations on its ability to interchange with a third-party connecting 
carrier. Lakeshore Terminal also certifies that its projected annual 
revenues are not expected to exceed $5 million and that the proposed

[[Page 87045]]

transaction will not result in Lakeshore Terminal's becoming a Class I 
or Class II rail carrier.
    The earliest this transaction may be consummated is December 31, 
2023, 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 for stay must be filed no later than December 22, 
2023 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36742, 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 
Lakeshore Terminal's representative, Robert A. Wimbish, Fletcher & 
Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to Lakeshore Terminal, 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: December 12, 2023.

    By the Board, Mai Dinh, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2023-27636 Filed 12-14-23; 8:45 am]
BILLING CODE 4915-01-P


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Indexed from Federal Register on December 15, 2023.

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