Notice2022-02871
Knoxville and Cumberland Gap Railroad, LLC-Acquisition and Operation Exemption With Interchange Commitment-Rail Lines of Norfolk Southern Railway Company in Anderson, Campbell, Claiborne, Grainger, Knox, and Union Counties, Tenn., Bell and Whitley Counties, Ky., and Lee County, Va.
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 10, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 28 (Thursday, February 10, 2022)</title>
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[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Page 7894]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02871]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36577]
Knoxville and Cumberland Gap Railroad, LLC--Acquisition and
Operation Exemption With Interchange Commitment--Rail Lines of Norfolk
Southern Railway Company in Anderson, Campbell, Claiborne, Grainger,
Knox, and Union Counties, Tenn., Bell and Whitley Counties, Ky., and
Lee County, Va.
Knoxville and Cumberland Gap Railroad, LLC (KXCG), a noncarrier,
has filed a verified notice of exemption to permit KXCG to acquire
approximately 112.0 miles of rail lines from Norfolk Southern Railway
Company (NSR), assume NSR's lease of approximately 13.0 miles of CSX
Transportation, Inc. (CSXT) rail line, assume NSR's trackage rights
over approximately 6.3 miles of a CSXT line, and acquire trackage
rights over approximately 22.7 miles of an NSR line, for a total of
approximately 154.0 miles (collectively, the Lines), and to operate the
Lines.
The portion of the Lines KXCG will acquire from NSR consists of:
(1) The Jellico Line, running from the insulated joint in Clinton,
Tenn. (at or around milepost 20.9C<plus-minus>) to Lot, Ky. (at or
around milepost 67.7<plus-minus>), and from Hyde, Tenn. (at or around
milepost 74C<plus-minus>) to Clairfield, Tenn. (at or around milepost
80C<plus-minus>); and (2) the Middlesboro Line, running from the
insulated joints of the wye track, north of the derails located in
Beverly, Tenn. (at or near milepost 5.8CG<plus-minus>) to Cumberland
Gap, Tenn. (at or around milepost 65CG<plus-minus>).
The transaction also provides for assignment to KXCG, with
permission of CSXT, of:
(1) NSR's lease of the following CSXT lines: (a) On the Harbell
Branch between a point 125.3 feet south of the point of switch of the
connecting track to NSR at Cumberland Gap just south of the end of the
Cumberland Gap Tunnel, which point of connection is at milepost CV
219.5, and a point where the Harbell Branch connects near milepost CV
216 in Middlesboro, Ky., with the north leg of the wye track of
Bennett's Fork Branch; (b) on Bennett's Fork Branch from and including
the north and south legs of the aforesaid wye, to Stony Fork Junction
and end of track near milepost MR 221 north of Motch, Tenn.; and (c) on
Stony Fork Branch between Stony Fork Junction and end of track near
milepost MS 221.8 near Pioneer, Tenn., including approximately one mile
of track leased to Bell County Coal Corporation; and (d) on the Harbell
Branch main track from the aforesaid north leg wye connection near
milepost CV 216 to milepost CV 215.0 north thereof, including CSXT's
Middlesboro Yard and related trackage; and
(2) NSR's trackage rights over CSXT's line between Lot at
approximately milepost 67.7C and Hyde at approximately milepost 74C.
Finally, as part of the transaction, KXCG will acquire trackage
rights over NSR's line from the NSR switch at the connection with the
Jellico Line at Clinton at approximately milepost 20.9C, continuing to
the NSR switch at Coster, Tenn., connecting to the NSR Coster Line
(milepost 2.3C/7.9CO), and then to the NSR switch connecting to the
Middlesboro Line at or near Beverly (milepost 5.8CG<plus-
minus>(3.8CO)).
This transaction is related to a verified notice of exemption filed
concurrently in R.J. Corman Railroad--Continuance in Control
Exemption--Knoxville & Cumberland Gap Railroad, Docket No. FD 36578, in
which R.J. Corman Railroad Company, LLC, and R.J. Corman Railroad
Group, LLC, seek to continue in control of KXCG upon KXCG's becoming a
Class III rail carrier.
KXCG certifies that its projected annual revenues from this
transaction will not exceed those that would qualify it as a Class III
rail carrier and will not exceed $5 million. KXCG further states that
the Transaction Agreement between KXCG and NSR contains an interchange
commitment. The affected interchanges are with CSXT at Lot, Ky., and
Hyde and Cumberland Gap, Tenn. KXCG has provided additional information
regarding the interchange commitment as required by 49 CFR
1150.33(h).\1\
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\1\ A copy of the Transaction Agreement containing the
interchange commitment was filed under seal with the verified
notice. See 49 CFR 1150.33(h)(1).
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The earliest this transaction may be consummated is February 24,
2022, 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 February 17,
2022 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36577, 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 KXCG's
representative, David A. Hirsh, Dentons US LLP, 1900 K Street NW,
Washington, DC 20006.
According to KXCG, 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: February 7, 2022.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2022-02871 Filed 2-9-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on February 10, 2022.
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