[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Notices]
[Page 34707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12228]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36405]


Merrimack & Grafton Railroad Corporation--Change of Operators 
Exemption--Line of New England Southern Railroad Co.

    Merrimack & Grafton Railroad Corporation (MGRC), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to replace 
New England Southern Railroad Co. (NESR) as the operator of an 
approximately 73-mile railroad line (the Line) owned by the State of 
New Hampshire. According to MGRC, the Line extends from milepost P 
21.30 at Lincoln, N.H., to milepost C 0.58 at Concord, N.H., where the 
Line connects with tracks owned by Pan Am Railways.
    MGRC states that it is a wholly owned subsidiary of Trans Rail 
Holding Company (TRHC) and was formed for the purpose of becoming the 
new operator of the Line. According to MGRC, NESR currently provides 
common carrier rail operations over the Line pursuant to an Operating 
Agreement between NESR and the New Hampshire Department of 
Transportation (NHDOT). According to MGRC, on April 30, 2020, TRHC 
entered into an agreement to purchase some of the business assets of 
NESR. As part of that agreement, NESR will assign all of its rights and 
obligations under the Operating Agreement to MGRC, subject to NHDOT's 
approval, which MGRC states that it will obtain prior to the 
assignment.
    This transaction is related to a concurrently filed verified notice 
of exemption in Trans Rail Holding Co.--Continuance of Control 
Exemption--Merrimack & Grafton Railroad, Docket No. FD 36403, in which 
TRHC seeks to continue in control of MGRC upon MGRC's becoming a Class 
III rail carrier.
    MGRC certifies that the transaction does not involve any provision 
in any agreement that would limit future interchange with a third-party 
connecting carrier. MGRC certifies that its projected annual revenues 
as a result of this transaction will not result in its becoming a Class 
II or Class I rail carrier and further certifies that its projected 
annual revenues will not exceed $5 million. Under 49 CFR 1150.32(b), a 
change in operator requires that notice be given to shippers. MGRC 
certifies that notice of the change in operator was provided to the 
shippers on the Line.
    The transaction may be consummated on or after June 20, 2020, the 
effective date of the exemption (30 days after the verified notice was 
filed).
    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 to stay must be filed no later than June 12, 2020 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36405, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on MGRC's representative, Thomas 
W. Wilcox, GKG Law, P.C., 1055 Thomas Jefferson Street NW, Suite 500, 
Washington, DC 20007.
    According to MGRC, 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)(1).
    Board decisions and notices are available at www.stb.gov.

    Decided: June 2, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2020-12228 Filed 6-4-20; 8:45 am]
 BILLING CODE 4915-01-P