Notice2025-21376
Providence and Worcester Railroad Company-Operation Exemption-State of Connecticut
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
November 28, 2025
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 90 Issue 227 (Friday, November 28, 2025)</title>
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[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Notices]
[Pages 54837-54838]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21376]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36856]
Providence and Worcester Railroad Company--Operation Exemption--
State of Connecticut
Providence and Worcester Railroad Company (P&W), a Class III
railroad, has filed a verified notice of exemption pursuant to 49 CFR
1150.41 to enter into an operating agreement with the State of
Connecticut (the State) to operate approximately 16.84 miles of
railroad known as the Middletown Cluster, consisting of the following
lines (collectively, the Line): (1) the Cromwell Industrial Track from
its connection to the Laurel Industrial Track in Middletown
(approximately milepost 22.34) north along the west side of the
Connecticut River to the end of the line in Cromwell, Conn.
(approximately milepost 24.35); \1\ (2) the East Berlin Industrial
Track in Middletown, Conn., from its point of connection to the
Cromwell Industrial Track (approximately milepost 0.0) to the end of
the line (approximately milepost 1.0); (3) the Laurel Industrial Track
from its connection to the Middletown Secondary on the west side of the
Connecticut River Swing Bridge (approximately milepost 0.0) south along
the west side of the Connecticut River to the end of the line in
Laurel, Middletown Township, Conn. (approximately milepost 5.47); (4)
the Middletown Secondary from a point approximately 4,330 feet south of
the centerline of Route 157--Overhead Bridge No. 17.71 in Reed's Gap,
Durham Township, Conn. (approximately milepost 14.99) to the west side
of the Connecticut River Swing Bridge (approximately milepost 22.34);
and (5) the Portland Industrial Track from the west side of the
Connecticut River Swing Bridge, its connection to the Middletown
Secondary in Middletown (approximately milepost 0.0) to the easterly
side of Marlboro Street in Portland, Conn. (approximately milepost
1.01).
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\1\ The verified notice states that the mileposts have been
revised in order to reflect the current designation.
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According to the verified notice, the State owns the Line, and P&W
currently operates the Line as a successor in interest to Connecticut
Central Railroad Company, Inc. (CCR).\2\ P&W states that CCR began
operating the Line in 1987.\3\ The verified notice states that P&W and
the State have entered into a new operating agreement that will replace
the prior operating agreement. P&W explains that it will continue to
operate the Line under the new operating agreement, which is for a
twenty-year term with up to two ten-year extensions. The verified
notice notes that as the successor to CCR, P&W also currently
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operates the State's approximately 11.49-mile Wethersfield Secondary
rail line pursuant to a modified certificate,\4\ and further states
that this arrangement will continue under the new operating
agreement.\5\ According to the verified notice, the new operating
agreement will be effective on the effective date of the exemption.
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\2\ See Providence & Worcester R.R.--Acquis. & Operation
Exemption--Conn. Cent. R.R., FD 33527, slip op. at 1, 3 (STB served
Mar. 3, 1998) (exempting from prior approval requirements P&W's
acquisition and operation of CCR); Providence & Worcester R.R.--
Corp. Fam. Transaction Exemption--Conn. Cent. R.R., FD 33592, slip
op. at 1 (STB served May 15, 1998) (giving notice that CCR will
merge into P&W in exempt intra-corporate family transaction).
\3\ See Conn. Cent. R.R.--Operation Exemption--Certain Lines of
the State of Conn., FD 31045, slip op. at 1-2 (ICC served June 3,
1987). P&W represents that ``P&W and the State extended the original
operating agreement, but it does not appear that Board authorization
was sought, and P&W is not now seeking retroactive authority.'' The
class exemption invoked by P&W does not provide for retroactive
effectiveness. See Cent. N.Y. R.R.--Lease & Operation Exemption
Including Interchange Commitment--Norfolk S. Ry., FD 36825, slip op.
at 2 n.3 (STB served Mar. 28, 2025).
\4\ See Conn. Cent. R.R.--Modified Rail Certificate, FD 33125,
slip op. at 1-2 (STB served Oct. 17, 1996); Conn. Cent. R.R.--
Modified Rail Certificate, FD 33515, slip op. at 1 (STB served Dec.
22, 1997).
\5\ Board approval is not required for lease amendments or
extensions where the subject line is operated under a modified
certificate of public convenience and necessity. Vt. Ry.--Modified
Rail Certificate, FD 34455, slip op. at 2 (STB served Jan. 27,
2004).
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The verified notice states that the new operating agreement does
not include an interchange commitment. P&W further certifies that its
projected annual revenues due to this transaction will not result in
the creation of a Class II or Class I rail carrier.
P&W certifies that its revenues currently exceed $5 million.
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 this 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. However, P&W's verified notice of exemption
includes a request for waiver of the 60-day advance labor notice
requirement so that the exemption can become effective 30 days after
the verified notice was filed. P&W's waiver request will be addressed
in a separate decision. The Board will establish the effective date of
the exemption in its separate decision on the waiver request.
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 December 5,
2025.
All pleadings, referring to Docket No. FD 36856, 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
P&W's representative, Justin J. Marks, Clark Hill PLC, 1001
Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 20004.
According to P&W, 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: November 24, 2025.
By the Board, Anika S. Cooper, Chief Counsel, Office of Chief
Counsel.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2025-21376 Filed 11-26-25; 8:45 am]
BILLING CODE 4915-01-P
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