[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Notices]
[Pages 37372-37373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13389]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36613]


Commonwealth Railway, Incorporated--Trackage Rights Exemption--
Norfolk Southern Railway Company

    Commonwealth Railway, Incorporated (CWRY), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 
1180.2(d)(7) for the acquisition of local trackage rights over 
approximately 2.3 miles of rail line owned by Norfolk Southern Railway 
(NSR) in and near Fairview, W. Va., between approximately States Run 
Road at milepost LR 77.3 and the end of the track at approximately 
milepost LR 79.6 (the Line).
    Pursuant to a written trackage rights agreement, NSR is granting 
CWRY trackage rights on the Line to provide local switching service to 
and from the American Consolidated Natural Resources, Inc., facility at 
Fairview.\1\
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    \1\ A redacted copy of the agreement is attached to the verified 
notice. An unredacted copy has been filed under seal along with a 
motion for protective order pursuant to 49 CFR 1104.14. That motion 
is being addressed in a separate decision.
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    The transaction may be consummated on July 6, 2022, the effective 
date of the exemption (30 days after the verified notice was filed).
    As a condition to this exemption, any employees affected by the 
acquisition of the trackage rights will be protected by the conditions 
imposed in Norfolk & Western Railway--Trackage Rights--Burlington 
Northern, Inc., 354 I.C.C. 605

[[Page 37373]]

(1978), as modified in Mendocino Coast Railway--Lease & Operate--
California Western Railroad, 360 I.C.C. 653 (1980).
    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 exemption. 
Petitions for stay must be filed by June 29, 2022 (at least seven days 
before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36613, should 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 CWRY's representative, Eric M. 
Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market St., Suite 
2620, Philadelphia, PA 19103.
    According to CWRY, 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)(3).
    Board decisions and notices are available at www.stb.gov.

    Decided: June 16, 2022.

    By the Board, Valerie O. Quinn, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2022-13389 Filed 6-21-22; 8:45 am]
BILLING CODE 4915-01-P