[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Page 39978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16811]



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DEPARTMENT OF TRANSPORTATION



Surface Transportation Board



[Docket No. FD 35532]




Virginia Port Authority--Acquisition Exemption--Norfolk and 

Portsmouth Belt Line Railroad Company



    Virginia Port Authority (VPA), a noncarrier, has filed a verified 

notice of exemption under 49 CFR 1150.31 to acquire from the Norfolk 

and Portsmouth Belt Line Railroad Company (NPBL) certain physical 

assets of a rail line and the associated right-of-way, between a point 

on NPBL's track known as West Junction westward and across Hampton 

Boulevard to a point of connection with VPA track, located on Sewell's 

Point in the City of Norfolk, Va., a distance of approximately 1.18 

miles (approximately 5,700 feet).\1\ According to VPA, NPBL will retain 

a permanent, exclusive, and irrevocable freight easement to provide 

freight service on the entire line.\2\

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    \1\ VPA indicates that NPBL does not use mileposts for this 

section of its track.

    \2\ A motion to dismiss this notice of exemption on the grounds 

that the transaction does not require authorization from the Board 

was concurrently filed with this notice of exemption. The motion 

will be addressed in a subsequent Board decision. In its motion to 

dismiss, VPA states that it is a political subdivision of the 

Commonwealth of Virginia.

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    VPA states that it has agreed upon a Real Estate Purchase 

Agreement, a deed, and an Operating Agreement (the agreements) with 

NPBL for the proposed transaction. According to VPA, it is the 

recipient of grant funds from the Virginia Department of Rail and 

Public Transportation and it is acquiring the property for construction 

of new rail yard on the Sewells Point property. VPA also states that 

the agreements do not contain any provision that would limit 

interchange with a third party.

    VPA certifies that its projected annual revenues as a result of 

this transaction will not exceed those that would qualify it as a Class 

III rail carrier and further certifies that its projected annual 

revenues will not exceed $5 million.

    VPA states that it expects to consummate the proposed transaction 

immediately after the Board's decision on its motion to dismiss. The 

earliest this transaction may be consummated is July 21, 2011, the 

effective date of the exemption (30 days after the exemption is filed).

    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 

transaction. Petitions for stay must be filed no later than July 14, 

2011 (at least 7 days before the exemption becomes effective).

    An original and 10 copies of all pleadings, referring to Docket No. 

FD 35532, must be filed with the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423-0001. In addition, a copy of each 

pleading must be served on Thomas W. Wilcox, 1054 31st Street, NW., 

Suite 200, Washington, DC 20007.

    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.



    Decided: June 29, 2011.



    By the Board, Joseph H. Dettmar, Acting Director, Office of 

Proceedings.

Jeffrey Herzig,

Clearance Clerk.

[FR Doc. 2011-16811 Filed 7-6-11; 8:45 am]

BILLING CODE 4915-01-P