[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Page 58675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25317]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36182]
North Central Mississippi Regional Railroad Authority--
Acquisition and Operation Exemption--Mississippi Department of
Transportation
North Central Mississippi Regional Railroad Authority (NCMRRA), a
noncarrier, has filed a verified notice of exemption under 49 CFR
1150.31 to acquire and operate a 21.70-mile rail line owned by the
Mississippi Department of Transportation (MSDOT) that extends from
milepost H-0.20 (at Aberdeen Junction) to milepost H-21.90 (at
Kosciusko), in Holmes and Attala Counties, Miss. (Kosciusko Line).\1\
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\1\ NCMRRA states that MSDOT purchased the rail line previously
owned by Illinois Central Railroad Company (IC), by filing an offer
of financial assistance after IC filed for authority to abandon the
rail line. See Ill. Cent. R.R.--Aban.--Between Aberdeen Junction &
Kosciusko, in Holmes & Attala Ctys., Miss., AB 43 (Sub-No. 163) (STB
served Apr. 17, 1997).
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NCMRRA states that it will become a rail carrier through this
acquisition. The transaction is related to a petition for exemption in
North Central Mississippi Regional Railroad Authority & Grenada
Railway--Continuance in Control Exemption, Docket No. FD 36234, in
which NCMRRA seeks to continue in control of Grenada Railway, LLC
(GRYR), a Class III carrier owned and controlled by NCMRRA, once NCMRRA
becomes a rail carrier.\2\
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\2\ NCMRRA and GRYR initially sought authorization for NCMRRA to
continue in control of both rail carriers pursuant to a verified
notice of exemption under 49 CFR 1180.2(d)(3) for a transaction
within a corporate family. See N. Cent. Miss. Reg'l R.R. Auth.--
Acquis. & Operation Exemption--Miss. Dep't of Transp. (October 12
Decision), FD 36182 et al. (STB served Oct. 12, 2018). In the
October 12 Decision, the Board rejected the corporate family
exemption as an inappropriate mechanism for obtaining the requisite
continuance in control authority and directed NCMRRA to file a
petition for exemption if it wished to do so. The notice of
exemption in this proceeding was held in abeyance and its effective
date postponed until further Board order.
NCMRRA filed a petition for a continuance in control exemption
on October 19, 2018. The Board is serving a decision today granting
that petition. See N. Cent. Miss. Reg'l R.R. Auth.--Continuance in
Control Exemption, FD 36234 (STB served Nov. 20, 2018). That
decision also takes this proceeding out of abeyance. Id.
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NCMRRA states that it has reached an agreement with MSDOT for
NCMRRA to acquire and operate the Kosciusko Line upon the effective
date established by the Board. NCMRRA states that the transaction does
not include any interchange commitments that prohibit NCMRRA from
interchanging traffic with a third party or limit NCMRRA's ability to
interchange with a third party.
NCMRRA certifies that its projected annual revenues will not exceed
those that would qualify it as a Class III carrier and that the
projected annual revenues of NCMRRA will not exceed $5 million as a
result of this transaction. The transaction may be consummated on or
after December 4, 2018, the effective date of the exemption, consistent
with the timetable specified in 49 CFR 1150.32(b).
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 27,
2018. An original and 10 copies of all pleadings, referring to Docket
No. FD 36182, must be filed with the Surface Transportation Board, 395
E Street SW, Washington, DC 20423-0001. In addition, one copy of each
pleading must be served on William A. Mullins, Baker & Miller PLLC,
2401 Pennsylvania Avenue NW, Suite 300, Washington, DC 20037.
According to NCMRRA, 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)(1).
Board decisions and notices are available on our website at
www.stb.gov.
Decided: November 15, 2018.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-25317 Filed 11-19-18; 8:45 am]
BILLING CODE 4915-01-P