[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Notices]
[Page 78335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32239]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35564 (Sub-No. 1)]


North Carolina & Virginia Railroad Company, LLC, Chesapeake & 
Albemarle Railroad Division--Lease Amendment Exemption--Norfolk 
Southern Railway Company

    North Carolina & Virginia Railroad, LLC, Chesapeake & Albemarle 
Railroad Division (NCVR), a Class III carrier, has filed a verified 
notice of exemption under 49 CFR1150.41 to amend a lease with Norfolk 
Southern Railway Company (NSR). The Lease and Option to Purchase 
Agreement, dated February 28, 1990, as amended, (the Original Lease) 
covers 66 miles of railroad. The line runs between approximately 
milepost NS-8.0 at Chesapeake, Va., and approximately milepost NS-74.00 
at Edenton, N.C., including related branch lines and trackage as 
defined in the Original Lease (the Line). The Line runs through North 
Hampton County, Va., and Chowan County, N.C.
    NCVR states that it and NSR have agreed to extend the terms of the 
Original Lease and to strike and render null and void all provisions 
relating to the option to purchase the Line included in the Original 
Lease. NCVR certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would make it a Class II 
rail carrier, but states that its projected annual revenue will exceed 
$5 million. Accordingly, NCVR is required, at least 60 days before the 
exemption is to become effective, to post a notice of its intent to 
undertake the proposed transaction at the workplace of the employees on 
the affected line, serve a copy of the notice on the national offices 
of the labor unions with employees on the affected line, and certify to 
the Board that it has done so. 49 CFR 1150.42(e).
    On December 1, 2011, NCVR certified that it posted notice of the 
proposed transaction at the workplace of employees on the Line on 
November 29, 2011, and that it served a copy of the notice on the 
national office of International Machinist Association of Aerospace 
Workers Union on November 30, 2011. Concurrent with its notice of 
exemption, NCVR filed a petition for waiver of the 60-day notice 
requirement of 1150.42(e). The Board will address NCVR's petition for 
waiver by separate decision, and will establish in that decision the 
earliest this transaction may be consummated.
    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. Stay petitions must be filed at least seven days before the 
exemption becomes effective.
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35564 (Sub-No. 1), 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: Scott G. Williams, 7411 Fullerton 
Street, Suite 300, Jacksonville, FL 32256, and Louis E. Gitomer, 600 
Baltimore Avenue, Suite 301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: December 13, 2011.
    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2011-32239 Filed 12-15-11; 8:45 am]
BILLING CODE 4915-01-P