Notice2022-26067
Raleigh and Fayetteville Railroad, LLC-Acquisition, Lease and Operation Exemption With Interchange Commitment-Norfolk Southern Railway 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
November 30, 2022
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 229 (Wednesday, November 30, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 229 (Wednesday, November 30, 2022)]
[Notices]
[Page 73579]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26067]
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36645]
Raleigh and Fayetteville Railroad, LLC--Acquisition, Lease and
Operation Exemption With Interchange Commitment--Norfolk Southern
Railway Company
Raleigh and Fayetteville Railroad, LLC (RFCC), a noncarrier, has
filed a verified notice of exemption under 49 CFR 1150.31 to: (1)
acquire approximately 42.38 miles of rail line from Norfolk Southern
Railway Company (NSR), (2) lease approximately 19.88 miles of rail line
from NSR, and (3) assume NSR's trackage rights over 0.59 miles of a
rail line owned by CSX Transportation, Inc. (CSXT), totaling
approximately 62.85 miles, and to operate over those lines, which form
a contiguous line between Raleigh and Fayetteville in Wake, Harnett,
and Cumberland Counties, N.C. (the Line).
According to the verified notice, RFCC and R.J. Corman Railroad
Group, LLC (RJCG),\1\ entered into an agreement with NSR, under which
RFCC will acquire and operate approximately 42.38 miles of rail line,
from the convergence of the NS-Line and VF-Line at approximately
milepost VF 0.13 at Fuquay-Varina to milepost VF 42.29 at Fayetteville,
and, also in Fayetteville, from milepost VF 42.88 to milepost VF 43.1.
As part of that agreement, RFCC will also assume NSR's trackage rights
over, and operate over, the CSXT line in Fayetteville between milepost
VF 42.29 to milepost VF 42.88. RFCC and RJCG will also obtain operating
rights over NSR's rail line at milepost NS 233.25 to milepost NS 231.0
solely for the purpose of interchanging traffic with NSR at NSR's
Glenwood Yard at Raleigh. RFCC has also entered into a lease agreement
with NSR, pursuant to which RFCC will lease and operate approximately
19.75 miles of rail line from the southern boundary of the North
Carolina Railroad right of way at milepost NS 233.25 at Raleigh to
milepost NS 253.0 at Fuquay-Varina, and 0.13 miles of rail line from
the junction of NSR's NS-Line in Fuquay-Varina at milepost VF 0.0 to
the beginning of RFCC's line at milepost VF 0.13.
---------------------------------------------------------------------------
\1\ According to the verified notice, RFCC is wholly owned by
noncarrier holding company R.J. Corman Railroad Company, LLC
(RJCRC), and RJCRC is wholly owned by noncarrier RJCG.
---------------------------------------------------------------------------
This transaction is related to a verified notice of exemption filed
concurrently in R.J. Corman Railroad--Continuance in Control
Exemption--Raleigh & Fayetteville Railroad, Docket No. FD 36646, in
which RJCG and RJCRC (collectively, Applicants) filed a verified notice
of exemption under 49 CFR 1180.2(d)(2) to continue in control of RFCC
upon RFCC's becoming a Class III rail carrier.
RFCC certifies that its projected annual revenues from this
transaction will not result in its becoming a Class I or Class II rail
carrier and will not exceed $5 million. RFCC also certifies that the
agreements with NSR contain a provision that would limit future
interchange with third-party connecting carriers at Raleigh and
Fayetteville. RJCC has provided additional information regarding the
interchange commitment, as required by 49 CFR 1150.43(h).\2\
---------------------------------------------------------------------------
\2\ RFCC filed a copy of the agreements under seal with the
verified notice. See 49 CFR 1150.43(h)(1).
---------------------------------------------------------------------------
The transaction may be consummated on or after December 14, 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 December 7,
2022 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36645, 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
RFCC's representative, Catherine S. Wright, Jackson Kelly PLLC, 100
West Main Street, Suite 700, Lexington, KY 40588-2150.
According to RFCC, 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: November 23, 2022.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2022-26067 Filed 11-29-22; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on November 30, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.