Notice2022-12568
Merced County Central Valley Railroad, LLC-Lease and Operation Exemption-Track in Merced County, Cal.
Primary source
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Published
June 10, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 112 (Friday, June 10, 2022)</title>
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[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Notices]
[Pages 35590-35591]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12568]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36589]
Merced County Central Valley Railroad, LLC--Lease and Operation
Exemption--Track in Merced County, Cal.
Merced County Central Valley Railroad, LLC (MCCVR), a noncarrier,
has filed a verified notice of exemption under 49 CFR 1150.31 to lease
from Merced County, Cal. (the County), and to commence common carrier
operations on approximately 0.3 miles of track located at the Castle
Commerce Center at Atwater in Merced County (the Line). According to
MCCVR, the Line currently is unregulated track and has no mileposts.
This transaction is related to a verified notice of exemption filed
concurrently in Patriot Rail Company--Continuance in Control
Exemption--Merced County Central Valley Railroad, Docket No. FD 36590,
in which Patriot Rail Company LLC and a number of other applicants seek
to continue in control of MCCVR upon MCCVR's becoming a Class III
carrier.
MCCVR states that it and the County entered into a Lease of County
Property (the Lease), pursuant to which MCCVR will provide common
carrier rail service on the Line.\1\
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\1\ Public and confidential versions of the Agreement were filed
with the verified notice. The confidential version was submitted
under seal concurrently with a motion for protective order, which
was granted on April 12, 2022.
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MCCVR certifies that its projected annual revenues from this
transaction will not result in the creation of a Class I or Class II
rail carrier and will not exceed $5 million. MCCVR also certifies that
the Lease does not include an interchange commitment.
The earliest this transaction may be consummated is June 25, 2022,
the effective date of the exemption (30 days after the verified notice
was filed).\2\
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\2\ MCCVR supplemented its verified notice on April 29 and May
26, 2022. Therefore, May 26, 2022, is considered the filing date for
the purpose of calculating the effective date of the exemption.
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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 June 17, 2022
(at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36589, must be filed with
the Surface Transportation Board either via
[[Page 35591]]
e-filing on the Board's website or in writing addressed to 395 E Street
SW, Washington, DC 20423-0001. In addition, a copy of each pleading
must be served on MCCVR's representative, Bradon J. Smith, Fletcher &
Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606.
According to MCCVR, 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: June 7, 2022.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2022-12568 Filed 6-9-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on June 10, 2022.
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