Notice2022-15673
TGS Cedar Port Railroad LLC-Operation Exemption-in Chambers County, Tex.
Primary source
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Published
July 22, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 140 (Friday, July 22, 2022)</title>
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[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Pages 43930-43931]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15673]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36627]
TGS Cedar Port Railroad LLC--Operation Exemption--in Chambers
County, Tex.
TGS Cedar Port Railroad LLC (TGSC), a noncarrier, has filed a
verified notice of exemption pursuant to 49 CFR 1150.31 to operate on
track extending approximately 1.28 miles from a connection with the
Cedar Bayou Industrial Lead at milepost 5.22 in Chambers County, Tex.
(a line owned by Union Pacific Railroad Company (UP) and operated over
by UP and BNSF Railway Company (BNSF)) to milepost 6.5 (as measured
from the southern end of the Cedar Bayou Industrial Lead) (the Line).
This transaction is related to a concurrently filed verified notice
of
[[Page 43931]]
exemption in Trans-Global Solutions, Inc.--Continuance in Control
Exemption--TGS Cedar Port Railroad, Docket No. FD 36628, in which TGSI
seeks to continue in control of TGSC upon TGSC's becoming a Class III
rail carrier.
According to the verified notice, the Line is owned by TGSC's
affiliate, TGS Cedar Port Partners LP (TGSLP), also a noncarrier, is
currently operated as private industrial track by TGSC's parent
company, Trans-Global Solutions, Inc. (TGSI), and connects to ancillary
track within the TGS Cedar Port Industrial Park (the Park). TGSC states
it has reached an agreement with TGSLP pursuant to which TGSC will
acquire the right to conduct railroad common carrier service on the
Line on or after the effective date of the exemption. TGSC also states
that this service, including on the ancillary track within the Park,
will constitute the entirety of TGSC's railroad operations, and as
such, that the Board has jurisdiction over the proposed common carrier
service under Effingham Railroad--Petition for Declaratory Order--
Construction at Effingham, Ill., 2 S.T.B. 606, 608 (1997) and Effingham
Railroad--Operation Exemption--Line Owned by Agracel, FD 33468 (STB
served Sept. 24, 1997).
TGSC certifies that its projected annual revenue will exceed $5
million but that the proposed transaction will not result in TGSC
becoming a Class I or Class II rail carrier. TSGC states advance notice
under 49 CFR 1150.32(e) is not required because there are currently no
common carrier operations on the Line. TGSC also states the proposed
transaction will not contractually limit its ability to interchange
traffic with any third-party connecting carrier.
The transaction may be consummated on or after August 6, 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 July 29, 2022
(at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36627, must be filed with
the Surface Transportation Board either via 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
TGSC's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to TGSC, 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: July 18, 2022.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2022-15673 Filed 7-21-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on July 22, 2022.
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