82 FR 23974 - Ellis & Eastern Company-Acquisition and Operation Exemption-E&ER Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 99 (May 24, 2017)

[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Page 23974]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10653]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36118]


Ellis & Eastern Company--Acquisition and Operation Exemption--
E&ER Company

    Ellis & Eastern Company (Ellis), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire 
from E&ER Company (E&ER) and operate approximately 7.6 miles of rail 
line, between approximately milepost 41.4, near Manley, Minn., and 
milepost 49.0, in or near Brandon, S.D., in Rock County, Minn., and 
Minnehaha County, S.D. (the Line).\1\ According to Ellis, the Line is 
in poor repair and in need of rehabilitation, and has not been operated 
over since at least 1994, when E&ER acquired the Line.
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    \1\ This transaction is related to a concurrently filed verified 
notice of exemption in Ellis & Eastern Co.--Operation Exemption--
Buffalo Ridge Regional Railroad Authority, Docket No. FD 36119, 
wherein Ellis seeks to lease and operate approximately 41.44 miles 
of Buffalo Ridge Regional Railroad's rail line between approximately 
milepost 0.0 at Agate, Minn., and milepost 41.44 near Manley, Minn.
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    According to Ellis, it has reached an agreement with E&ER to 
acquire the trackage, right-of-way, and real property interests of the 
line owned by E&ER. Ellis also states that the proposed transaction 
does not involve any provision that may limit future interchange of 
traffic with any third-party carrier.
    Ellis certifies that the projected annual revenues as a result of 
this transaction will not result in its becoming a Class II or Class I 
rail carrier and will not exceed $5 million.
    The transaction may be consummated on June 7, 2017, the effective 
date of the exemption (30 days after the exemption was filed).
    According to Ellis, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic review 
under 49 CFR 1105.8(b).
    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 transaction. 
Petitions for stay must be filed no later than May 31, 2017 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36118, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on John E. Taylor, Taylor Law Firm, LLC, 4820 
East 57th St., Suite B, Sioux Falls, SD 57108.
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: May 19, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-10653 Filed 5-23-17; 8:45 am]
BILLING CODE 4915-01-P