Notice2025-05389
Central New York Railroad Corporation-Amended Lease and Operation Exemption Containing Interchange Commitment-Norfolk Southern Railway Company
Primary source
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Published
March 28, 2025
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 90 Issue 59 (Friday, March 28, 2025)</title>
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[Federal Register Volume 90, Number 59 (Friday, March 28, 2025)]
[Notices]
[Pages 14176-14177]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05389]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36825]
Central New York Railroad Corporation--Amended Lease and
Operation Exemption Containing Interchange Commitment--Norfolk Southern
Railway Company
Central New York Railroad Corporation (CNY), a Class III railroad,
has filed a verified notice of exemption pursuant to 49 CFR 1150.41, to
continue to lease from Norfolk Southern Railway Company (NSR) and
operate approximately 123.1 miles of rail line between milepost 89.9 at
or near Port Jervis, NY, and milepost 213.0 at Binghamton, NY, in
Broome, Sullivan, Delaware, and Orange Counties, NY, and Pike and
Susquehanna Counties, Pa. (the Line).
CNY states that it has leased the Line from NSR since 2004.\1\ See
Cent. N.Y. R.R.--Lease & Operation Exemption--Norfolk S. Ry., FD 34643
(STB served Jan. 21, 2005). According to CNY, the 2004 lease agreement
was amended in 2009 (First Amendment) and 2011 (Second Amendment).\2\
CNY now seeks authority for a third amendment, which modifies the terms
of the 2004 lease agreement to extend the lease term and amend the
lease renewal provisions. According to CNY, ``[a]ll other terms and
conditions of the Lease Agreement and prior amendments remain in full
force and effect.'' \3\ (Notice 3.)
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\1\ CNY asserts NSR has retained overhead trackage rights since
2004.
\2\ CNY states that it did not seek authority from the Board for
the First or Second Amendments because ``it was not clear at the
time'' of their execution that they required Board authority.
(Notice 2 n.2.)
\3\ The class exemption invoked by CNY does not provide for
retroactive effectiveness. See San Pedro R.R.--Lease & Operation
Exemption--Union Pac. R.R., FD 35968, slip op. at 1 n.1 (STB served
Nov. 6, 2015).
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According to the verified notice, the lease contains an existing
interchange commitment. CNY has provided additional information
regarding the interchange commitment, as required by 49 CFR
1150.43(h).\4\
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\4\ CNY filed a copy of the agreement, including the three
amendments, under seal with the verified notice. See 49 CFR
1150.43(h)(1) (providing that certain information related to
interchange commitments, such as copies of agreements, will be kept
confidential without an accompanying motion for a protective order).
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CNY certifies that its projected annual revenues as a result of
this transaction will not exceed $5 million annually and will not
result the creation of a Class II or Class I carrier.
The transaction may be consummated on or after April 12, 2025, 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 April 4, 2025
(at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36825, 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
CNY's representative, Crystal M. Zorbaugh, Mullins Law
[[Page 14177]]
Group PLLC, 2001 L Street NW, Suite 720, Washington, DC 20036.
According to CNY, 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: March 25, 2025.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2025-05389 Filed 3-27-25; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on March 28, 2025.
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