Notice2021-19309
NCSR, LLC d/b/a New Castle Southern Railroad-Lease and Operation Exemption With Interchange Commitment-Norfolk Southern Railway Company
Primary source
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Published
September 8, 2021
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 86 Issue 171 (Wednesday, September 8, 2021)</title>
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[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Notices]
[Pages 50420-50421]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19309]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36542]
NCSR, LLC d/b/a New Castle Southern Railroad--Lease and Operation
Exemption With Interchange Commitment--Norfolk Southern Railway Company
NCSR, LLC d/b/a New Castle Southern Railroad (NCSR), a noncarrier,
has filed a verified notice of exemption pursuant to 49 CFR 1150.31 to
lease from Norfolk Southern Railway Company (NSR) and operate
approximately 21 miles of rail line
[[Page 50421]]
extending from milepost CB 5.40 at Beesons, Ind., to milepost CB 25.30
at New Castle, Ind., and from milepost R 0.09 to milepost R 1.16 at New
Castle (the Line).
According to the verified notice, NCSR and NSR have recently
reached a lease agreement pursuant to which NCSR will provide common
carrier rail service on the Line. According to NCSR, the agreement
between NCSR and NSR contains an interchange commitment that affects
the interchange point at Beesons.\1\ The verified notice states that
NSR and Big Four Terminal Railroad, LLC, are the carriers that could
physically interchange with NCSR at Beesons. As required under 49 CFR
1150.33(h), NCSR provided additional information regarding the
interchange commitment.
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\1\ A copy of the agreement with the interchange commitment was
submitted under seal. See 49 CFR 1150.33(h)(1).
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NCSR has certified that its projected annual revenues will not
exceed $5 million and will not result in NCSR's becoming a Class I or
Class II rail carrier.
Pursuant to 49 CFR 1150.32(b), the effective date of an exemption
is 30 days after the verified notice of exemption is filed, which here
would be September 22, 2021. However, concurrently with its verified
notice, NCSR filed a petition to partially waive the 30-day
effectiveness period to allow the exemption to become effective on
September 13, 2021. The Board will address NCSR's petition for partial
waiver and establish the effective date of the exemption in a separate
decision.
If the 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.
A deadline for petitions for stay will also be established in the
Board's decision on the petition for partial waiver.
All pleadings, referring to Docket No. FD 36542, should be filed
with the Surface Transportation Board via e-filing on the Board's
website. In addition, one copy of each pleading must be served on
NCSR's representative: Robert A. Wimbish, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 800, Chicago, IL 60606.
According to NCSR, 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: September 1, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2021-19309 Filed 9-7-21; 8:45 am]
BILLING CODE 4915-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.