Notice2022-07553
SEDA-COG Joint Rail Authority-Acquisition Exemption With Interchange Commitment-Norfolk Southern Railway Company
Primary source
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Published
April 8, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 68 (Friday, April 8, 2022)</title>
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[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20914-20915]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07553]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36602]
SEDA-COG Joint Rail Authority--Acquisition Exemption With
Interchange Commitment--Norfolk Southern Railway Company
SEDA-COG Joint Rail Authority (the Authority), a noncarrier, has
filed a verified notice of exemption to permit the Authority to acquire
approximately 7.7 miles of rail line from Norfolk Southern Railway
Company (NSR), excluding interest in the real property, known as the
Selinsgrove Industrial Track in Snyder County, Pa., extending from
milepost 0.0, at Selinsgrove Junction, Pa., to milepost 7.7, in
Kreamer, Pa. (the Line).\1\
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\1\ The verified notice states that the Authority will also be
purchasing from NSR certain track referred to as the Power Plant
Lead (PPL Track), a 1.3-mile segment of 49 U.S.C. 10906 excepted
spur track in Snyder County. The Authority states that, because the
Board does not have authority over the acquisition of section 10906
track, the PPL Track need not be included as part of its notice of
exemption but is referenced for informational purposes and will be
converted from 49 U.S.C. 10906 spur track to 49 U.S.C. 10901 common
carrier track as part of North Shore Railroad Company's operating
exemption concurrently filed in Docket No. FD 36600, as discussed
below.
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According to the verified notice, the Authority is acquiring the
Line from NSR pursuant to an asset purchase agreement. The Authority
and NSR have also entered into a Freight Service Easement Agreement
(FSEA), providing the Authority an easement and right to operate
freight rail service on the Line and the PPL Track. According to the
verified notice, the FSEA expressly contemplates that the Authority
will enter into an agreement with a third-party operating railroad to
operate the Line for the Authority. North Shore Railroad Company (North
Shore), a
[[Page 20915]]
Class III rail carrier, will operate over the Line pursuant to an
operating agreement with the Authority and has concurrently filed a
verified notice of exemption to operate the Line in North Shore
Railroad Company--Operation & Trackage Rights Exemption--Lines of SEDA-
COG Joint Rail Authority & Norfolk Southern Railway Company, Including
Interchange Commitment, Docket No. FD 36600.\2\
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\2\ The Authority states that it is not seeking operating
authority over the Line. However, a grant of acquisition authority
provides the necessary authority to conduct operations and imposes
an obligation to provide service upon reasonable request. See, e.g.,
Norfolk & W. Ry.--Acquis. Exemption--Consol. Rail Corp., FD 32957,
slip op. at 1, n.2 (STB served Aug. 15, 1996); City of Austin--
Acquis.--S. Pac. Transp. Co., FD 30861, slip op. at 1-2 (ICC served
Nov. 4, 1986).
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The Authority 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. The Authority further
states that the FSEA contains an interchange commitment that would
limit future interchange with a third-party carrier other than NSR, and
the Authority has provided additional information regarding the
interchange commitment as required by 49 CFR 1150.33(h).\3\
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\3\ A copy of the FSEA 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 April 23, 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 April 15,
2022 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36602, 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 the
Authority's representative, Peter A. Pfohl, Slover & Loftus LLP, 1224
Seventeenth Street NW, Washington, DC 20036.
According to the Authority, 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: April 5, 2022.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2022-07553 Filed 4-7-22; 8:45 am]
BILLING CODE 4915-01-P
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