Kanawha River Railroad, L.L.C.-Lease Renewal and Operation Exemption With Interchange Commitment-Norfolk Southern Railway Company

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<title>Federal Register, Volume 91 Issue 212 (Wednesday, November 4, 2026)</title>
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[Federal Register Volume 91, Number 212 (Wednesday, November 4, 2026)]
[Notices]
[Page 69632]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22451]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36028 (Sub-No. 2)]


Kanawha River Railroad, L.L.C.--Lease Renewal and Operation 
Exemption With Interchange Commitment--Norfolk Southern Railway Company

    Kanawha River Railroad, L.L.C. (KRR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to amend its 
lease with Norfolk Southern Railway Company (NSR) of, and continue to 
operate, nine rail line segments totaling 309.45 miles in West Virginia 
and Ohio (the Lines). The Lines extend between (1) milepost V 381.8 at 
Maben, W. Va., and milepost V 435.0 at DB (Deepwater Bridge), W. Va.; 
(2) milepost RR 7.0 at Refugee, Ohio, and milepost RR 116.5 at Hobson 
Yard, Ohio; (3) milepost WV 125.6 at Conco, Ohio, and milepost WV 253.4 
at Cornelia, W. Va.; (4) milepost 0.0 VC at Vaco Junction, W. Va., and 
milepost 0.84 VC at Deepwater, W. Va.; (5) Hitop RT at milepost TP 0.0 
at Charleston, W. Va., and the end of the track at milepost TP 1.0; (6) 
Jones IT at milepost JT 0.0 at Jones, W. Va., and the end of the track 
at milepost JT 1.3; (7) milepost VG 0.0 at Virwest, W. Va., and 
milepost VG 12.5 at Bolt, W. Va.; (8) milepost MY 0.0 at Milam, W. Va., 
and the end of the track at milepost MY 1.01; and (9) milepost PE 0.0 
at Putt, W. Va., and milepost PE 2.3 at Putt End Branch, W. Va.
    According to the verified notice, KRR and NSR have recently entered 
into a Second Amendment to Lease Agreement (Agreement), dated August 
17, 2026, updating an extending their current arrangements for KRR's 
lease and operation of the Lines, dating back to an initial lease 
agreement entered in 2016 and modified once previously. See Kanawha 
River R.R.--Lease Renewal & Operation Exemption With Interchange 
Commitment--Norfolk S. Ry., FD 36028 (Sub-No. 1) (STB served Jan. 4, 
2023). KRR and NSR are modifying the base lease terms for a second 
time, under which modified terms KRR would continue to provide common 
carrier freight service to customers along the Lines.
    KRR certifies that its projected revenues resulting from this 
transaction will not result in the creation of a Class II or Class I 
rail carrier but that its current annual revenue does exceed $5 
million. Pursuant to 40 CFR 1150.42(e), if a carrier's projected annual 
revenues will exceed $5 million, it must, at least 60 days before the 
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. KRR, however, has petitioned for 
waiver of the 60-day advance labor notice. KRR's waiver request will be 
addressed in a separate decision in which the Board will also establish 
the effective date of the exemption.
    KRR further certifies that its Agreement with NSR will include an 
interchange commitment provision regarding interchange with third-party 
carriers. KRR verifies that the provision was present in the original 
lease filed in Docket No. FD 36028 and remains in effect. KRR has 
provided additional information regarding the interchange commitment, 
as required by 49 CFR 1150.43(h).\1\
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    \1\ KRR submitted a copy of the lease with the interchange 
commitment under seal. See 49 CFR 1150.43(h)(1).
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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 no later than November 10, 
2026.
    All pleadings, referring to Docket No. FD 36028 (Sub-No. 2), 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 KRR's representative, Stephen J. Foland, Fletcher & Sippel 
LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to KRR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 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: October 30, 2026.

    By the Board, Anika S. Cooper, Chief Counsel, Office of Chief 
Counsel.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2026-22451 Filed 11-3-26; 8:45 am]
BILLING CODE 4915-01-P


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