Notice2021-16243
South Point & Ohio Railroad, LLC-Operation Exemption-Lawrence Economic Development Corporation
Primary source
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Published
July 30, 2021
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 86 Issue 144 (Friday, July 30, 2021)</title>
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[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Notices]
[Pages 41157-41158]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16243]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36528]
South Point & Ohio Railroad, LLC--Operation Exemption--Lawrence
Economic Development Corporation
South Point & Ohio Railroad, LLC (SPOR), a noncarrier, has filed a
verified notice of exemption pursuant to 49 CFR 1150.31 to operate
approximately 1,277 feet of track in South Point, Ohio (the Line),
owned by Lawrence Economic Development Corporation (LEDC), also a
noncarrier. The Line extends from a point of connection with the Kenova
District main line of Norfolk Southern Railway Company northward to an
industrial park owned by LEDC. The Line has no mileposts. According to
SPOR, no common carrier service has previously been offered on the
Line.
Pursuant to a Lease, Development and Marketing Services Agreement
(Agreement) between SPOR and LEDC,\1\ SPOR will lease the Line, provide
common carrier rail service on the Line, and operate as needed over
connecting ancillary track located within the LEDC-owned industrial
park. SPOR states that the Agreement would be effectuated upon the
effective date of the exemption, and upon the satisfaction of several
other conditions precedent as set forth in the Agreement. According to
SPOR, its obligation to provide common
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carrier rail service is anticipated to commence on or after August 15,
2021.
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\1\ SPOR filed a copy of the Agreement, see Macrie--Continuance
in Control Exemption--N.J. Seashore Lines, Inc., FD 35296, slip op.
at 3-4 (STB served Aug. 31, 2010), in both redacted, public form and
under seal in unredacted form, along with a motion for protective
order pursuant to 49 CFR 1104.14. That motion was granted in a
decision served on July 20, 2021.
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SPOR states that the proposed transaction does not involve, and the
Agreement does not contain, any provision or agreement that would limit
future interchange on the Line with a third-party connecting carrier.
Further, SPOR certifies that its projected annual revenue will not
exceed $5 million and that the proposed transaction will not result in
SPOR's becoming a Class I or II rail carrier.
The earliest this transaction may be consummated is August 15,
2021, 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 August 6,
2021.
All pleadings, referring to Docket No. FD 36528, 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 SPOR's
representative, Thomas J. Healey, Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 800, Chicago, IL 60606.
According to SPOR, 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: July 26, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2021-16243 Filed 7-29-21; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on July 30, 2021.
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