Notice2023-07721
Green Mountain Railroad Corporation-Trackage Rights Exemption-New England Central Railroad, Inc.
Primary source
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Published
April 13, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 71 (Thursday, April 13, 2023)</title>
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[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Pages 22512-22513]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07721]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36688]
Green Mountain Railroad Corporation--Trackage Rights Exemption--
New England Central Railroad, Inc.
Green Mountain Railroad Corporation (GMRC) has filed a verified
notice of exemption under 49 CFR 1180.2(d)(7) for acquisition of
overhead trackage rights over approximately 61.4 miles of rail line
owned by New England Central Railroad, Inc. (NECR), between milepost
14.46 at White River Junction, Vt., and milepost 99.0 at Millers Falls,
Mass. (the Line).\1\
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\1\ GMRC notes that, due to the Line's history, the mileposts
are not indicative of the Line's total route miles and the stated
distance is accurate although the mileposts could suggest otherwise.
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[[Page 22513]]
GMRC and NECR have entered into a written trackage rights agreement
\2\ that grants GMRC overhead trackage rights over the Line. Those
rights allow GMRC to enter and exit the Line at certain intermediate
points as well as its terminal points, as described in the verified
notice. GMRC states that the trackage rights are among settlement terms
that the Board imposed ``as a condition of the Board's approval'' in
CSX Corp.--Control & Merger--Pan Am Systems, Inc., FD 36472 et al.,
(STB served Apr. 14, 2022).
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\2\ A redacted version of the trackage rights agreement between
GMRC and NECR 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 April 27, 2023, 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 April 20, 2023 (at least
seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36688, 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 GMRC's
representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 800, Chicago, IL 60606.
According to GMRC, 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: April 7, 2023.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023-07721 Filed 4-12-23; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on April 13, 2023.
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