Notice2022-15713
Norfolk Southern Railway Company-Trackage Rights Exemption-Union County Industrial Railroad Company
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
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]
[Page 43931]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15713]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36614]
Norfolk Southern Railway Company--Trackage Rights Exemption--
Union County Industrial Railroad Company
Norfolk Southern Railway Company (NSR) has filed a verified notice
of exemption under 49 CFR 1180.2(d)(7) for acquisition of overhead
trackage rights over 3.1 miles of rail line leased by Union County
Industrial Railroad Company (UCIR) and owned by West Shore Railroad
Corporation between NSR milepost BR 246.9, near Milton, Pa., and UCIR
milepost 172.62, near New Columbia, Pa. (the Line).
NSR and UCIR have entered into a written trackage rights agreement
that grants NSR overhead trackage rights over the Line, allowing NSR to
serve the Clemens Food Group Facility, or its successor or assignee.\1\
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\1\ A redacted version of the trackage rights agreement between
NSR and UCIR was filed with the verified notice. An unredacted
version of the agreement was submitted to the Board under seal
concurrently with a motion for protective order, which is addressed
in a separate decision.
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The transaction may be consummated on or after August 5, 2022, the
effective date of the exemption.
As a condition to this exemption, any employees affected by the
acquisition of the trackage rights will be protected by the conditions
imposed in Norfolk & Western Railway--Trackage Rights--Burlington
Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast
Railway--Lease & Operate--California Western Railroad, 360 I.C.C. 653
(1980).
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 July 29, 2022 (at least
seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36614, must be filed with
the Surface Transportation Board 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 NSR's
representative, William A. Mullins, Baker & Miller PLLC, 2401
Pennsylvania Avenue NW, Suite 300, Washington, DC 20037.
According to NSR, 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.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2022-15713 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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