Notice2026-09726
Northeast Atlanta Railroad, LLC-Lease and Operation Exemption With Interchange Commitment-Norfolk Southern Railway Company
Primary source
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Published
May 15, 2026
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 91 Issue 94 (Friday, May 15, 2026)</title>
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[Federal Register Volume 91, Number 94 (Friday, May 15, 2026)]
[Notices]
[Page 28093]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09726]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36916]
Northeast Atlanta Railroad, LLC--Lease and Operation Exemption
With Interchange Commitment--Norfolk Southern Railway Company
Northeast Atlanta Railroad, LLC (NEAR), a noncarrier,\1\ has filed
a verified notice of exemption pursuant to 49 CFR part 1150, subpart D,
to lease from Norfolk Southern Railway Company (NSR) and operate
approximately 1.15 miles of rail line extending from the Stone Mountain
Lead Switch at approximately milepost 620.64 on NSR's Greenville
District, near Doraville, Ga., into the Doraville Industrial Complex
(the Line).
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\1\ NEAR mistakenly describes itself as ``a Class III rail
carrier'' in the first sentence of its Verified Notice. As clarified
in later text, NEAR would become a rail carrier when it ``commences
leasehold operation of the Line.'' (Verified Notice 3.)
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According to the verified notice, NEAR and NSR have reached an
agreement pursuant to which NEAR will lease and operate the Line.
This transaction is related to a concurrently filed verified notice
of exemption in OPSEU Pension Plan Trust Fund, Jaguar Transport
Holdings, LLC, & Jaguar Rail Holdings, LLC--Continuance in Control
Exemption--Northeast Atlanta Railroad, Docket No. FD 36915, in which
the filing parties seek to continue in control of NEAR upon NEAR's
becoming a Class III rail carrier.
NEAR certifies that its projected annual revenues from this
transaction will not result in it becoming a Class I or Class II rail
carrier and are not expected to exceed $5 million. NEAR also certifies
that the agreement with NSR contains an interchange commitment that
places monetary penalties on traffic interchanged by NEAR with a third-
party carrier. NEAR has provided additional information regarding the
interchange commitment, as required by 49 CFR 1150.33(h).\2\
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\2\ The Board's governing regulation requires NEAR to submit,
inter alia, ``[a] confidential, complete version of the document(s)
containing or addressing that provision or agreement.'' See 49 CFR
1150.33(h)(1)(ii). With its verified notice of exemption, NEAR filed
under seal a partial version of the agreement with NSR that omitted
the three exhibits to the agreement. On April 14, 2026, NEAR
supplemented its verified notice by submitting an additional exhibit
under seal. On April 30, 2026, NEAR again supplemented its verified
notice with two additional exhibits under seal, thus providing a
complete agreement.
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The transaction may be consummated on or after May 30, 2026, the
effective date of the exemption (30 days after the verified notice was
filed).\3\
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\3\ In a decision served April 29, 2026, the effective date of
the exemption was postponed to allow for supplementation of missing
exhibits. That supplementation was completed on April 30, 2026,
making that the filing date of the verified notice.
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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 by May 22, 2026.
All pleadings, referring to Docket No. FD 36916, 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
NEAR's representative, Stephen J. Foland, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to NEAR, 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: May 12, 2026.
By the Board, Anika S. Cooper, Chief Counsel, Office of Chief
Counsel.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2026-09726 Filed 5-14-26; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on May 15, 2026.
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