[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Page 43931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15713]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36614]


Norfolk Southern Railway Company--Trackage Rights Exemption--
Union County Industrial Railroad Company

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR 1180.2(d)(7) for acquisition of overhead 
trackage rights over 3.1 miles of rail line leased by Union County 
Industrial Railroad Company (UCIR) and owned by West Shore Railroad 
Corporation between NSR milepost BR 246.9, near Milton, Pa., and UCIR 
milepost 172.62, near New Columbia, Pa. (the Line).
    NSR and UCIR have entered into a written trackage rights agreement 
that grants NSR overhead trackage rights over the Line, allowing NSR to 
serve the Clemens Food Group Facility, or its successor or assignee.\1\
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    \1\ A redacted version of the trackage rights agreement between 
NSR and UCIR was filed with the verified notice. An unredacted 
version of the agreement was submitted to the Board under seal 
concurrently with a motion for protective order, which is addressed 
in a separate decision.
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    The transaction may be consummated on or after August 5, 2022, the 
effective date of the exemption.
    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 (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 no later than July 29, 2022 (at least 
seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36614, must be filed with 
the Surface Transportation Board 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 NSR's 
representative, William A. Mullins, Baker & Miller PLLC, 2401 
Pennsylvania Avenue NW, Suite 300, Washington, DC 20037.
    According to NSR, 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.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2022-15713 Filed 7-21-22; 8:45 am]
BILLING CODE 4915-01-P