[Federal Register Volume 90, Number 79 (Friday, April 25, 2025)]
[Notices]
[Page 17500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07119]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36831]
Marquette Rail, LLC--Lease and Operation Exemption Including
Interchange Commitment--CSX Transportation, Inc.
Marquette Rail, LLC (MQT), a Class III railroad, has filed a
verified notice of exemption pursuant to 49 CFR 1150.41 to continue to
lease from CSX Transportation, Inc. (CSXT), and operate the following
several segments of rail line in Michigan totaling approximately 129.03
miles: (1) from milepost CGE 3.6 at the Grand Rapids station to
milepost CGE 73.71 at the Baldwin station; (2) from milepost CB 106.91
at the Baldwin station to milepost CB 136.5 at the Ludington station;
(3) from milepost CBA 87.0 at the Walhalla station to milepost CBA
113.7 at the Manistee station; and (4) the Filer City Spur extending an
additional 2.63 miles from milepost CBA 113.7 at the Manistee station
to the end of track at Filer City (the Line).\1\
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\1\ MQT supplemented its verified notice on April 11, 2025,
which is therefore deemed the filing date of the verified notice.
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According to the verified notice, MQT entered into an agreement to
lease from CSXT and operate the Line in 2005. Marquette Rail, LLC--
Lease & Operation Exemption--CSX Transp., Inc., FD 34728 (STB served
Oct. 26, 2005). MQT states that it and CSXT have agreed to extend the
term of the lease and make other commercial changes. The verified
notice states that MQT currently operates the Line and will continue to
do so after the amended lease becomes effective.
According to the verified notice, the lease includes an interchange
commitment. MQT has provided additional information regarding the
interchange commitment, as required by 49 CFR 1150.43(h).\2\
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\2\ Concurrent with the initial filing of its verified notice,
CMQT filed, under seal, a copy of the amended lease. See 49 CFR
1150.43(h)(1) (providing that certain information related to
interchange commitments, such as copies of agreements, will be kept
confidential without an accompanying motion for a protective order).
In its April 11 supplement, PNWR provided a replacement copy of that
confidential agreement.
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MQT certifies that its projected annual revenues as a result of
this transaction will not exceed those that would qualify it as a Class
III rail carrier and that its annual revenues currently exceed
$5,000,000. 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 the exemption becomes 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. However, MQT has requested waiver of
the 60-day advance labor notice requirement. MQT's waiver request will
be addressed in a separate decision. The Board will establish the
effective date of the exemption in its separate decision on the waiver
request.
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 May 2, 2025.
All pleadings, referring to Docket No. FD 36831, 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, one copy of each pleading must be served on
MQT's representative, Eric M. Hocky, Clark Hill PLC, Two Commerce
Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103.
According to MQT, 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: April 21, 2025.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2025-07119 Filed 4-24-25; 8:45 am]
BILLING CODE 4915-01-P