Notice2024-11238
Railmark Industrial Railway Inc. d/b/a Railmark Industrial Railway Inc. Mississippi Division-Change in Operator Exemption-Mississippi Central Railroad Co.
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
May 22, 2024
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 89 Issue 100 (Wednesday, May 22, 2024)</title>
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[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Notices]
[Page 45045]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11238]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36773]
Railmark Industrial Railway Inc. d/b/a Railmark Industrial
Railway Inc. Mississippi Division--Change in Operator Exemption--
Mississippi Central Railroad Co.
Railmark Industrial Railway Inc. d/b/a Railmark Industrial Railway
Inc. Mississippi Division (RIR), a non-carrier, has filed a verified
notice of exemption under 49 CFR 1150.31 to permit RIR to lease and
operate approximately 10 miles of rail line owned by Tishomingo County,
Miss. (the County), extending between the Norfolk Southern Railway
Company's ``Iuka Wye'' at milepost 0.0 and the Tri-State Commerce Park
at approximately milepost 10.0 in Tishomingo County (the Line). The
verified notice states that Mississippi Central Railroad Co. (MSCI)
currently holds authority to operate the Line through a lease with the
County,\1\ but that lease is not being renewed.
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\1\ See Miss. Cent. R.R.--Amended Lease & Operation Exemption--
Line of Tishomingo Cnty., Miss., FD 35258 (Sub-No. 1) (STB served
June 11, 2021).
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According to the verified notice, RIR and the County are entering
an agreement for RIR to lease and operate the Line. RIR further states
that as a result of the transaction, RIR will operate the Line and MCSI
will be relieved of its obligation.\2\
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\2\ RIR states that MSCI consents to the transfer of its rights
to operate the Line to RIR.
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This transaction is related to a concurrently filed verified notice
of exemption in Railmark Holdings, Inc.--Continuance in Control
Exemption--Railmark Industrial Railway, Docket No. FD 36774, in which
Railmark Holdings, Inc., seeks to continue in control of RIR upon RIR's
becoming a Class III rail carrier.
RIR certifies that the agreement between it and the County does not
impose or include an interchange commitment. RIR also certifies that
its projected annual revenues as a result of this transaction will not
result in its becoming a Class II or Class I rail carrier and that its
projected annual revenue will not exceed $5 million.
Under 49 CFR 1150.32(b), a change in operator requires that notice
be given to shippers. The verified notice indicates that a copy has
been served on Red Industrial Products, the lone shipper on the Line.
The transaction may be consummated on or after June 5, 2024, 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 May 29, 2024
(at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36773, 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 RIR's
representative, Justin J. Marks, Clark Hill PLC, 1001 Pennsylvania Ave.
NW, Suite 1300 South, Washington, DC 20004.
According to RIR, 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)(1).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: May 17, 2024.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2024-11238 Filed 5-21-24; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on May 22, 2024.
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