Notice2026-00625
South Central Florida Express, Inc.-Trackage Rights Exemption-Florida East Coast Railway, LLC
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
January 15, 2026
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 91 Issue 10 (Thursday, January 15, 2026)</title>
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[Federal Register Volume 91, Number 10 (Thursday, January 15, 2026)]
[Notices]
[Pages 1853-1854]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00625]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36863]
South Central Florida Express, Inc.--Trackage Rights Exemption--
Florida East Coast Railway, LLC
South Central Florida Express, Inc. (SCFE) has filed a verified
notice of exemption under 49 CFR 1180.2(d)(7) for after-the-fact
exemption authority to renew, and to revise, certain overhead and local
trackage rights previously granted to it by the Florida East Coast
[[Page 1854]]
Railway Company (FEC), now known as Florida East Coast Railway, LLC
(FECR).\1\ SCFE states that its overhead trackage rights extend over
FECR's line of railroad between milepost K-0.0 near Ft. Pierce, Fla.,
and milepost K-15.0, and that its local trackage rights extend between
milepost K-15.0 and milepost K-70.9, at or near Lake Harbor, Fla. (the
Line).
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\1\ SCFE initially submitted its verified notice of exemption on
November 18, 2025. However, by decision served on December 17, 2025,
SCFE was directed to submit supplemental information to correct
certain errors and omissions identified in its verified notice of
exemption. SCFE filed the requested supplemental information on
December 30, 2025. Therefore, December 30, 2025, is considered the
filing date for SCFE's verified notice and is the basis for all
dates in this notice of exemption.
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According to the verified notice, SCFE originally acquired the
trackage rights from FEC in 1998.\2\ SCFE states, however, that, in
2016, as the end of the 20-year term of its initial 1998 agreement
approached, FECR \3\ and SCFE entered into a first amendment to the
parties' trackage rights agreement, effective December 6, 2016 (the
First Amendment). According to SCFE, the First Amendment extended the
term of the trackage rights agreement and modified the rights granted
to SCFE. Specifically, under the First Amendment, (1) SCFE was granted
nonexclusive local trackage rights to operate its trains carrying
certain carload products, operated by SCFE's crews, over the Line; (2)
SCFE's local trackage rights would include the right to develop new
customers between milepost K-15.0 and milepost 70.9; and (3) SCFE's use
of the Line would be in common with FECR and other users permitted by
FECR, along with other conditions. SCFE notes, however, that due to an
inadvertent error, SCFE did not seek exemption authority for the
renewal of the trackage rights in 2016. SCFE states that it now seeks
after-the-fact authority to correct its error.\4\
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\2\ See S. Cent. Fla. Express, Inc.--Trackage Rights Exemption--
Fla. E. Coast Ry., FD 33562 (STB served Mar. 11, 1998). The Board's
1998 notice of exemption identified the endpoint for SCFE's local
trackage rights as milepost K-70.4. SCFE confirmed in its December
30, 2025 supplemental filing that the endpoint of the Line is
milepost K-70.9.
\3\ SCFE states that, upon FEC's merger with FECR, FECR was
assigned FEC's obligations under the agreement.
\4\ SCFE states that it is not necessarily seeking retroactive
authority.
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The transaction may be consummated on or after January 29, 2026,
the effective date of the exemption (30 days after the verified notice
was filed).
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 January 22, 2026 (at
least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36863, 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 SCFE's
representative, Thomas W. Wilcox, Law Office of Thomas W. Wilcox, LLC,
1629 K Street NW, Suite 300, Washington, DC 20006.
According to SCFE, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c)(3) and from historic
preservation reporting requirements under 49 CFR 1105.8(b)(3).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: January 8, 2026.
By the Board, Anika S. Cooper, Chief Counsel, Office of Chief
Counsel.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2026-00625 Filed 1-14-26; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on January 15, 2026.
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