Notice2021-20145
Buckingham Branch Railroad Company-Acquisition and Operation Exemption with Interchange Commitment-CSX Transportation, Inc.
Primary source
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Published
September 17, 2021
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 86 Issue 178 (Friday, September 17, 2021)</title>
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[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Notices]
[Page 51953]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20145]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 34495 (Sub-No. 1)]
Buckingham Branch Railroad Company--Acquisition and Operation
Exemption with Interchange Commitment--CSX Transportation, Inc.
Buckingham Branch Railroad Company (BBRC), a Class III rail
carrier, has filed a verified notice of exemption under 49 CFR 1150.41
to acquire from CSX Transportation, Inc. (CSXT), and continue to
operate approximately 164.22 miles of railroad line, referred to as
Segment 3, between approximately milepost 276.0 in Clifton Forge in
Allegheny County, Va., and milepost 111.78 at Doswell in Hanover
County, Va. (the Line).\1\
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\1\ BBRC states that it began operating over the Line in 2004.
See Buckingham Branch R.R.--Lease--CSX Transp., FD 34495 (STB served
Nov. 5, 2004).
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The verified notice indicates that BBRC has leased and operated the
Line (as part of a longer line between AM Junction, near Richmond, and
Clifton Forge) since 2005. According to the verified notice, BBRC and
CSXT have agreed to convert BBRC's current leasehold interest in the
Line into a permanent, exclusive rail freight operating easement. The
verified notice states that BBRC and CSXT will enter into, among other
things, a Permanent Easement Agreement and an amended Freight Operating
Agreement and will also terminate their existing lease agreement with
respect to Segment 3. The verified notice further states that the
amended Freight Operating Agreement between BBRC and CSXT contains an
interchange commitment that affects interchange with carriers other
than CSXT. The affected interchanges are with Norfolk Southern Railway
Company at Charlottesville, Va., and at Waynesboro, Va. BBRC has
provided additional information regarding the interchange commitment as
required by 49 CFR 1150.43(h).
BBRC certifies that its projected annual revenues as a result of
this transaction will not result in BBRC's becoming a Class II or Class
I rail carrier, but its projected annual revenues will exceed $5
million. Pursuant to 49 CFR 1150.42(e), if a carrier's projected annual
revenues will exceed $5 million, it must, at least 60 days before the
exemption becomes effective, post a notice of its intent to undertake
the proposed transaction at the workplace of the employees on the
affected lines, serve a copy of the notice on the national offices of
the labor unions with employees on the affected lines, and certify to
the Board that it has done so. Concurrently with its verified notice,
however, BBRC filed a petition for waiver of the labor notice
requirements. BBRC's waiver request will be addressed in a separate
decision.
BBRC states that it expects to consummate the transaction on or
sometime after the effective date of the exemption. The Board will
establish the effective date in its separate decision on the waiver
request.
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.
Petitions for stay must be filed no later than September 24, 2021.
All pleadings, referring to Docket No. FD 34495 (Sub-No. 1), 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
BBRC's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 800, Chicago, IL 60606.
According to BBRC, 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)(1).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: September 13, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2021-20145 Filed 9-16-21; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on September 17, 2021.
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