Notice2021-18278
Midcoast Railservice, Inc.-Change of Operators Exemption-Central Maine & Quebec Railway US, Inc.
Primary source
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Published
August 25, 2021
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 86 Issue 162 (Wednesday, August 25, 2021)</title>
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[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Pages 47534-47535]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18278]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36531]
Midcoast Railservice, Inc.--Change of Operators Exemption--
Central Maine & Quebec Railway US, Inc.
Midcoast Railservice, Inc. (Midcoast), a noncarrier, has filed a
verified notice of exemption pursuant to 49 CFR 1150.31(a)(3) to assume
operations over approximately 58.68 miles of rail line (the Line)
currently operated by Central Maine & Quebec Railway US, Inc. (CMQ),
pursuant to a Lease and Operating Agreement (the Agreement) between the
owner of the Line, the State of Maine Department of Transportation
(Maine DOT), and CMQ. The Line consists of: (1) The Brunswick Terminal
Area between the east side of Church Road, milepost 14.97, and Rock
Jct., milepost 16.40; (2) the Rockland Branch between milepost 29.40 in
Brunswick, Cumberland County, Me., and milepost 85.55 in Rockland, Knox
County, Me.; and (3) the Atlantic Branch Line between milepost 85.55
and milepost 86.65 in Rockland. The Line runs through Cumberland, Knox,
Lincoln, and Sagadahoc Counties, Me.\1\
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\1\ Midcoast notes that the mileposts and mileage differ
slightly from those shown by CMQ when it took over operations of the
Line in 2015. See Cent. Me. & Quebec Ry.--Lease & Operate
Exemption--State of Me., FD 35975 (STB served Dec. 4, 2015).
Midcoast believes the discrepancies relate to CMQ's use of control
points, rounding, and typographical errors. Midcoast states that it
will assume the operations of all of the lines operated by CMQ
pursuant to the Agreement.
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This transaction is related to a verified notice of exemption filed
concurrently in Finger Lakes Railway--Continuance in Control
Exemption--Midcoast Railservice, Inc., Docket No. FD 36532, in which
Finger Lakes Railway Corp. seeks to continue in control of Midcoast
upon Midcoast's becoming a rail carrier.
According to the verified notice, an Assignment, Assumption and
Consent Agreement (the Assignment) has been executed by Midcoast and
CMQ and consented to by Maine DOT. Under the Assignment, CMQ is
assigning its rights under the Agreement, and its associated common
carrier service rights to operate the Line, to Midcoast. Midcoast will
assume the Agreement and become the operator of the Line. Upon
commencement of operations, Midcoast will become a Class III common
carrier.
According to Midcoast, the Agreement does not impose or include an
interchange commitment. Midcoast certifies that its projected revenues
as a result of the transaction will not result in the creation of a
Class II or Class I rail
[[Page 47535]]
carrier and that its revenues will not exceed $5 million.
Under 49 CFR 1150.32(b), a change in operator exemption requires
that notice be given to shippers. Midcoast states that it provided
notice to shippers on the Line by serving them with a copy of the
verified notice, as indicated in the certificate of service.
The transaction may be consummated on or after September 8, 2021,
the effective date of the exemption.
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 1,
2021 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36531, 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
Midcoast's representative, Eric M. Hocky, Clark Hill PLC, Two Commerce
Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103.
According to Midcoast, this action is categorically excluded from
historic preservation reporting requirements under 49 CFR 1105.8(b) and
from environmental reporting requirements under 49 CFR 1105.6(c).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: August 20, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2021-18278 Filed 8-24-21; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on August 25, 2021.
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