[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Pages 43930-43931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15673]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36627]


TGS Cedar Port Railroad LLC--Operation Exemption--in Chambers 
County, Tex.

    TGS Cedar Port Railroad LLC (TGSC), a noncarrier, has filed a 
verified notice of exemption pursuant to 49 CFR 1150.31 to operate on 
track extending approximately 1.28 miles from a connection with the 
Cedar Bayou Industrial Lead at milepost 5.22 in Chambers County, Tex. 
(a line owned by Union Pacific Railroad Company (UP) and operated over 
by UP and BNSF Railway Company (BNSF)) to milepost 6.5 (as measured 
from the southern end of the Cedar Bayou Industrial Lead) (the Line).
    This transaction is related to a concurrently filed verified notice 
of

[[Page 43931]]

exemption in Trans-Global Solutions, Inc.--Continuance in Control 
Exemption--TGS Cedar Port Railroad, Docket No. FD 36628, in which TGSI 
seeks to continue in control of TGSC upon TGSC's becoming a Class III 
rail carrier.
    According to the verified notice, the Line is owned by TGSC's 
affiliate, TGS Cedar Port Partners LP (TGSLP), also a noncarrier, is 
currently operated as private industrial track by TGSC's parent 
company, Trans-Global Solutions, Inc. (TGSI), and connects to ancillary 
track within the TGS Cedar Port Industrial Park (the Park). TGSC states 
it has reached an agreement with TGSLP pursuant to which TGSC will 
acquire the right to conduct railroad common carrier service on the 
Line on or after the effective date of the exemption. TGSC also states 
that this service, including on the ancillary track within the Park, 
will constitute the entirety of TGSC's railroad operations, and as 
such, that the Board has jurisdiction over the proposed common carrier 
service under Effingham Railroad--Petition for Declaratory Order--
Construction at Effingham, Ill., 2 S.T.B. 606, 608 (1997) and Effingham 
Railroad--Operation Exemption--Line Owned by Agracel, FD 33468 (STB 
served Sept. 24, 1997).
    TGSC certifies that its projected annual revenue will exceed $5 
million but that the proposed transaction will not result in TGSC 
becoming a Class I or Class II rail carrier. TSGC states advance notice 
under 49 CFR 1150.32(e) is not required because there are currently no 
common carrier operations on the Line. TGSC also states the proposed 
transaction will not contractually limit its ability to interchange 
traffic with any third-party connecting carrier.
    The transaction may be consummated on or after August 6, 2022, 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 for stay must be filed no later than July 29, 2022 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36627, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
TGSC's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to TGSC, 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).
    Board decisions and notices are available at www.stb.gov.

    Decided: July 18, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2022-15673 Filed 7-21-22; 8:45 am]
BILLING CODE 4915-01-P