[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Notices]
[Pages 65638-65639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23611]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36641]


Eastern Maine Railway Company--Acquisition and Operation 
Exemption--Central Maine & Quebec Railway US Inc., d/b/a Canadian 
Pacific

    Eastern Maine Railway Company (EMR), a Class III common carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to 
acquire from the current owner and operator, Central Maine & Quebec 
Railway US Inc., d/b/a Canadian Pacific (CMQR), and to operate 
approximately 36.57 miles of a main line and approximately nine miles 
of branch line in Maine.\1\ The main line is between milepost 109 
(Grindstone, Penobscot County, Me.) and milepost 72.43 (near Brownville 
in Piscataquis County, Me.). The branch lines consist of: (1) the East 
Millinocket branch line, from milepost 0.0 to milepost 7.72; and (2) 
the Millinocket branch line, from milepost 104.65 southward 1.2 miles 
to the end of the track. EMR will also acquire all other associated 
yard, spur, siding, and other track along the main line between 
milepost 109 and milepost 72.43.\2\
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    \1\ This is a republication of the notice of exemption 
originally served and published in the Federal Register on October 
21, 2022 (87 FR 64129). This notice contains corrected information.
    \2\ The Line refers collectively to the main line, branch lines, 
and all other associated yard, spur, siding, and other track along 
the main line.
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    According to the verified notice, EMR will also acquire incidental 
trackage rights on CMQR between milepost 72.43 (near Brownville) and 
the connection of CMQR's track with an EMR rail line in the vicinity of 
Brownville Junction (milepost 75.07 of CMQR's Bangor Subdivision), a 
distance of approximately three miles, including CMQR's Brownville 
Junction yard, as well as use of the CMQR main line to the west for one 
mile (to milepost 1.0 of CMQR's Moosehead Subdivision). Furthermore, 
the Maine Northern Railway Company (``MNRC'') currently has overhead 
trackage rights over the Line. EMR is acquiring the Line subject to 
these overhead trackage rights. Thus, MNRC's overhead trackage rights 
will

[[Page 65639]]

remain unchanged by EMR's acquisition of the Line.
    According to the verified notice, the parties executed an agreement 
on September 1, 2022, by which EMR will acquire the Line from CMQR.
    EMR certifies that the proposed acquisition and operation of the 
Line does not involve a provision or agreement that may limit future 
interchange with a third-party connecting carrier. EMR certifies that 
its projected annual revenues as a result of this transaction will not 
result in EMR's becoming a Class II or Class I rail carrier, but that 
its annual revenues after the proposed transaction are expected to 
exceed $5 million. Pursuant to 49 CFR 1150.42(e), if a carrier's 
projected annual revenues will exceed $5 million, it must, at least 60 
days before this exemption is to become effective, post a notice of its 
intent to undertake the proposed transaction at the workplace of the 
employees on the affected lines, serve a copy of the notice on the 
national offices of the labor unions with employees on the affected 
lines, and certify to the Board that it has done so. Exhibit 4 to EMR's 
verified notice provides the necessary certification.
    The transaction may be consummated on or after on or after November 
5, 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 October 28, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36641, should be filed 
with the Surface Transportation Board either via e-filing on the 
Board's website or in writing addressed to 395 E St. SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
EMR's representative, David E. Benz, Thompson Hine LLP, 1919 M Street 
NW, Suite 700, Washington, DC 20036.
    According to EMR, 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).
    Board decisions and notices are available at www.stb.gov.

    Decided: October 25, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2022-23611 Filed 10-28-22; 8:45 am]
BILLING CODE 4915-01-P