Notice2024-30607
Central Oregon & Pacific Railroad, Inc.-Lease and Operation Exemption Including Interchange Commitment-Union Pacific Railroad 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 26, 2024
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 89 Issue 247 (Thursday, December 26, 2024)</title>
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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Pages 105173-105174]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30607]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36818]
Central Oregon & Pacific Railroad, Inc.--Lease and Operation
Exemption Including Interchange Commitment--Union Pacific Railroad
Company
Central Oregon & Pacific Railroad, Inc. (CORP), a Class III rail
carrier, has filed a verified notice of exemption pursuant to 49 CFR
1150.41 to lease from Union Pacific Railroad Company (UP) and operate
the (1) Brooklyn
[[Page 105174]]
Subdivision from milepost 616 to milepost 660.58; (2) the Springfield
and Marcola Industrial Leads from milepost 646.58 to milepost 648.39 in
Springfield, Or.; and (3) the Coos Bay Industrial Lead from milepost
648.2 to milepost 652.11 in Eugene, Or., totaling approximately 27.58
miles (the Line).\1\
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\1\ CORP will also lease certain related excepted track under 49
U.S.C. 10906 and the Eugene yard, at Eugene.
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According to the verified notice, UP is the current operator of the
Line. CORP states that it has entered into an agreement with UP to
lease and operate the Line.
CORP certifies that its projected annual revenues as a result of
this transaction will not exceed those that would qualify it as a Class
III rail carrier but its annual revenues currently exceed $5,000,000.
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. In an exhibit attached to its verified notice of
exemption, CORP certified that notice of the transaction was posted at
the workplaces of current UP employees on the Line on December 10,
2024, and that it was concurrently serving a copy of the certification
and the verified notice on the national offices of the labor unions for
those employees.
According to the verified notice, the lease contains an interchange
commitment. CORP has provided additional information regarding the
interchange commitment, as required by 49 CFR 1150.43(h).\2\
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\2\ CORP filed a copy of the agreement under seal with the
verified notice. See 49 CFR 1150.43(h)(1).
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The earliest this transaction may be consummated is February 8,
2025 (60 days after the certification under 49 CFR 1150.42(e) 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 January 31,
2025.
All pleadings, referring to Docket No. FD 36818, 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
CORP's representative, Eric M. Hocky, Clark Hill PLC, Two Commerce
Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103.
According to CORP, 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: December 18, 2024.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2024-30607 Filed 12-23-24; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on December 26, 2024.
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