Notice2022-28576
Kanawha River Railroad, LLC-Lease Renewal 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
January 4, 2023
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 2 (Wednesday, January 4, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 2 (Wednesday, January 4, 2023)]
[Notices]
[Pages 398-399]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28576]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36028 (Sub-No. 1)]
Kanawha River Railroad, LLC--Lease Renewal and Operation
Exemption With Interchange Commitment--Norfolk Southern Railway Company
Kanawha River Railroad, L.L.C. (KRR), a Class III rail carrier, has
filed a verified notice of exemption under 49 CFR 1150.41 to amend its
lease with Norfolk Southern Railway Company (NSR) of, and continue to
operate, nine rail line segments totaling 309.45 miles in West Virginia
and Ohio.\1\ These line segments extend between (1) milepost V 381.8 at
Maben, W. Va., and milepost V 435.0 at DB (Deepwater Bridge), W. Va.;
(2) milepost RR 7.0 at Refugee, Ohio, and milepost RR 116.5 at Hobson
Yard, Ohio; (3) milepost WV 125.6 at Conco, Ohio, and milepost WV 253.4
at Cornelia, W. Va.; (4) milepost 0.0 VC at Vaco Junction, W. Va., and
milepost 0.84 VC at Deepwater, W. Va.; (5) Hitop RT at milepost TP 0.0
at Charleston, W. Va., and the end of the track at milepost TP 1.0; (6)
Jones IT at milepost JT 0.0 at Jones, W. Va., and the end of the track
at milepost JT 1.3; (7) milepost VG 0.0 at Virwest, W. Va., and
milepost VG 12.5 at Bolt, W. Va.; (8) milepost MY 0.0 at Milam, W. Va.,
and the end of the track at milepost MY 1.01; and (9) milepost PE 0.0
at Putt, W. Va., and
[[Page 399]]
milepost PE 2.3 at Putt End Branch, W. Va.
---------------------------------------------------------------------------
\1\ According to KRR, it mistakenly understated the total
mileage by 0.6 miles and misidentified the mileposts on segments (1)
and (7) in its verified notice leading to the exemption in Kanawha
River Railroad--Lease Exemption Containing Interchange Commitment--
Norfolk Southern Railway, FD 36028 (STB served July 15, 2016),
corrected FD 36028 (STB served Aug. 1, 2016), clarified FD 36028
(STB served Aug. 5, 2016). KRR now identifies the total mileage as
309.45 miles, not 308.85 miles; the correct Maben milepost in
segment (1) to be V 381.8, not V 382; and the correct Bolt milepost
in segment (7) to be VG 12.5, not VG 12.1. KRR verifies that no
shipper is affected by these corrections because it has operated
consistent with the correct mileposts as identified in the lease
agreement. KRR will receive authority to operate on the previously
unidentified portions of line if the exemption in this notice
becomes effective. See Dall., Garland & Ne. R.R.--Lease & Operation
Exemption Including Interchange Commitment--Union Pac. R.R., FD
36545, slip op. at 3 (STB served Dec. 2, 2021).
---------------------------------------------------------------------------
According to the verified notice, KRR has leased and operated the
lines since 2016. See Kanawha River R.R.--Lease Exemption Containing
Interchange Commitment--Norfolk S. Ry., FD 36028 (STB served July 15,
2016), corrected FD 36028 (STB served Aug. 1, 2016), clarified FD 36028
(STB served Aug. 5, 2016). KRR will continue leasing and operating the
lines under its amended lease agreement.
KRR certifies that its projected revenues resulting from this
transaction will not result in the creation of a Class II or Class I
rail carrier but that its current annual revenue does exceed $5
million. Pursuant to 40 CFR 1150.42(e), if a carrier's projected annual
revenues will exceed $5 million, it must, at least 60 days before the
exemption is to become 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. KRR, however, has petitioned for
waiver of the 60-day advance labor notice. KRR's waiver request will be
addressed in a separate decision in which the Board will also establish
the effective date of the exemption.
KRR further certifies that its amended lease agreement with NSR
will include an interchange commitment provision regarding interchange
with third-party carriers. KRR verifies that the provision was present
in the original lease filed in Kanawha River Railroad, FD 36028, and
remains in effect. KRR has provided additional information regarding
the interchange commitment, as required by 49 CFR 1150.43(h).\2\
---------------------------------------------------------------------------
\2\ KRR submitted a copy of the lease with the interchange
commitment under seal. See 49 CFR 1150.43(h)(1).
---------------------------------------------------------------------------
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 January 11,
2023.
All pleadings, referring to Docket No. FD 36028 (Sub-No. 1), 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 KRR's representative, Bradon J. Smith, Fletcher & Sippel LLC,
29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to KRR, 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: December 28, 2022.
By the Board,
Mai T. Dinh,
Director, Office of Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2022-28576 Filed 1-3-23; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on January 4, 2023.
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.