Notice2022-26177
Aberdeen Carolina and Western Railway Company-Acquisition Exemption-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
December 1, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 230 (Thursday, December 1, 2022)</title>
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[Federal Register Volume 87, Number 230 (Thursday, December 1, 2022)]
[Notices]
[Page 73802]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26177]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36648]
Aberdeen Carolina and Western Railway Company--Acquisition
Exemption--Norfolk Southern Railway Company
The Aberdeen Carolina and Western Railway Company (ACWR), a Class
III rail carrier, has filed a verified notice of exemption under 49 CFR
1150.42. to acquire from Norfolk Southern Railway Company (NSR)
approximately 104 miles of rail line between milepost 282.63 at Gulf,
Chatham County, and milepost 386.91 at Charlotte, Mecklenburg County,
and running through Mecklenburg, Cabarrus, Stanly, Montgomery, and
Chatham Counties, N.C. (the Line).\1\ According to the verified notice,
ACWR has operated the Line, which is also known as the Piedmont
Subdivision, pursuant to a Lease and Option to Purchase Agreement since
1989.\2\
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\1\ In the verified notice, ACWR states that it also owns and
operates a connected 34.5-mile rail line, known as the Sandhills
Division, between Aberdeen, N.C., and Star, N.C., where it connects
with the Line.
\2\ See Aberdeen Carolina and W. Ry.--Lease Exemption--S. Ry
Co's line between Charlotte and Gulf, N.C., FD 31404 (ICC served
March 28, 1989).
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The verified notice states that ACWR and NSR have negotiated a
Purchase and Sale Agreement and expect to close on or shortly after the
effective date of the exemption.
ACWR certifies that the proposed acquisition of the Line does not
involve any provision or agreement that would limit future interchange
with a third-party connecting carrier. ACWR further certifies that it's
projected revenues as a result of this transaction will not result in
the creation of a Class II or Class I rail carrier. Pursuant to 49 CFR
1150.42(e), if a carrier's projected annual revenues will exceed $5
million, it must, at least 60 days before the exemption becomes
effective, post a notice of its intent to undertake the proposed
transaction at the workplace of the employees on the affected lines,
serve a copy of the notice on the national offices of the labor unions
with employees on the affected lines, and certify to the Board that it
has done so. However, ACWR's verified notice includes a request for
waiver of the 60-day advance labor notice requirements. ACWR's waiver
request will be addressed in a separate decision. The Board will
establish the effective date of the exemption in its separate decision
on the waiver request.
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 8,
2022.
All pleadings referring to Docket No. FD 36648, should 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, one copy of each pleading must be served on
ACWR's representative, Suzanne L. Silverman, Kaplan Kirsch & Rockwell
LLP, 1634 I (Eye) Street NW, Suite 300, Washington, DC 20006.
According to ACWR, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic 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 28, 2022.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2022-26177 Filed 11-30-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on December 1, 2022.
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