Terminal Railroad Association of St. Louis-Trackage Rights Exemption-Norfolk Southern Railway Company, 64491 [2015-26987]

Download as PDF Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35962] mstockstill on DSK4VPTVN1PROD with NOTICES Terminal Railroad Association of St. Louis—Trackage Rights Exemption— Norfolk Southern Railway Company Norfolk Southern Railway Company (NSR), pursuant to a written trackage rights agreement dated July 31, 2015, has agreed to grant limited local trackage rights to the Terminal Railroad Association of St. Louis (TRRA) over approximately 0.49 miles of rail line in St. Louis, Mo. (the Line). Specifically, TRRA will acquire trackage rights between TRRA’s connection with NSR at approximately North Market Street, St. Louis, Mo., and the Kiesel Facility at approximately Dock Street, St. Louis, Mo. TRRA may consummate its acquisition on or after November 7, 2015, the effective date of the exemption (30 days after the verified notice of exemption was filed). TRRA states that NSR, who currently operates over TRRA via trackage rights to access the Line and serve the Kiesel Facility, intends to discontinue a nearby two-mile segment of trackage. According to TRRA, granting TRRA limited local trackage rights over the Line for the sole purpose of serving the Kiesel Facility (the only active shipper accessible via the Line) will allow NSR and TRRA to operate more efficiently in this area after NSR’s nearby discontinuance while also preserving rail service to an existing customer. TRRA will assume maintenance of the Line until NSR decides to resume active operations over the Line. As a condition to this exemption, any employees affected by 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). This notice is filed under 49 CFR 1180.2(d)(7). 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 October 30, 2015 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35962, must be filed with the Surface VerDate Sep<11>2014 18:05 Oct 22, 2015 Jkt 238001 64491 Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Asim S. Raza, Terminal Railroad Association of St. Louis, 415 S. 18th Street, Suite 200, St. Louis, MO 63103. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. approval of requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for the labor protection for transactions under §§ 11324 and 11325 that involve only Class III rail carriers. Because this transaction Decided: October 20, 2015. involves Class III rail carriers only, the By the Board, Rachel D. Campbell, Board, under the statute, may not Director, Office of Proceedings. impose labor protective conditions for Kenyatta Clay, this transaction. Clearance Clerk. If the verified notice contains false or [FR Doc. 2015–26987 Filed 10–22–15; 8:45 am] misleading information, the exemption BILLING CODE 4915–01–P is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) DEPARTMENT OF TRANSPORTATION may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. Surface Transportation Board Petitions to stay must be filed no later [Docket No. FD 35966] than October 30, 2015 (at least seven days before the exemption becomes Martin Marietta Materials, Inc.— effective). Acquisition of Control Exemption— An original and ten copies of all Rock & Rail, Inc. pleadings referring to Docket No. FD Martin Marietta Materials, Inc. 35966, must be filed with the Surface (MMM), a noncarrier, has filed a Transportation Board, 395 E Street SW., verified notice of exemption under 49 Washington, DC 20423–0001. In CFR 1180.2(d)(2) to acquire control of addition, a copy of each pleading must Rock & Rail, Inc. (RRI), a Class III rail be served on William A. Mullins, Baker carrier. & Miller PLLC, 2401 Pennsylvania Ave. According to MMM, it currently NW., Suite 300, Washington, DC 20037. controls Alamo North Texas Railroad Board decisions and notices are (ANT),1 a Class III rail carrier, which has available on our Web site at lines in Wise County, Tex., and Alamo WWW.STB.DOT.GOV. Gulf Coast Railroad (AGC), a Class III Decided: October 20, 2015. rail carrier, which has lines in Bexar By the Board, Rachel D. Campbell, County, Tex. MMM states that RRI has Director, Office of Proceedings. lines in Pueblo and Canon City, Colo., and that the proposed transaction would Brendetta S. Jones, Clearance Clerk. not connect ANT, AGC, or RRI. MMM [FR Doc. 2015–27052 Filed 10–22–15; 8:45 am] and RRI have signed a letter of intent 2 BILLING CODE 4915–01–P by which MMM will acquire indirect ownership of 100% of the stock of RRI. The transaction is scheduled to be DEPARTMENT OF TRANSPORTATION consummated on or after November 8, 2015, the effective date of the Surface Transportation Board exemption. MMM states that: (i) The railroads do [Docket No. AB 1112X] not connect with each other or any Caldwell Railroad Commission— railroad in their corporate family; (ii) Abandonment Exemption—in Caldwell the proposed transaction is not part of County, NC a series of anticipated transactions that would connect the railroads with each Caldwell Railroad Commission (CRC) other or any railroad in their corporate has filed an amended verified notice of family; and (iii) the transaction does not exemption under 49 CFR pt. 1152 involve a Class I carrier. Therefore, the subpart F—Exempt Abandonments to transaction is exempt from the prior abandon an approximately 3.91-mile 1 See Martin Marietta Materials, Inc.— Continuance in Control Exemption—Alamo N. Tex. R.R., FD 34266 (STB served Dec. 13, 2002). 2 An unredacted copy of the letter of intent was filed concurrently under seal, along with a motion for protective order pursuant to 49 CFR 1104.14(b). That motion will be addressed in a separate decision. PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 rail segment extending between milepost 108.79 and milepost 112.7 in Caldwell County, N.C. (the Line).1 The 1 CRC previously filed a verified notice of exemption that was dismissed as moot, because CRC’s predecessor had obtained a 49 U.S.C. Subtitle E:\FR\FM\23OCN1.SGM Continued 23OCN1

Agencies

[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Notices]
[Page 64491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26987]



[[Page 64491]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35962]


Terminal Railroad Association of St. Louis--Trackage Rights 
Exemption--Norfolk Southern Railway Company

    Norfolk Southern Railway Company (NSR), pursuant to a written 
trackage rights agreement dated July 31, 2015, has agreed to grant 
limited local trackage rights to the Terminal Railroad Association of 
St. Louis (TRRA) over approximately 0.49 miles of rail line in St. 
Louis, Mo. (the Line). Specifically, TRRA will acquire trackage rights 
between TRRA's connection with NSR at approximately North Market 
Street, St. Louis, Mo., and the Kiesel Facility at approximately Dock 
Street, St. Louis, Mo.
    TRRA may consummate its acquisition on or after November 7, 2015, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed).
    TRRA states that NSR, who currently operates over TRRA via trackage 
rights to access the Line and serve the Kiesel Facility, intends to 
discontinue a nearby two-mile segment of trackage. According to TRRA, 
granting TRRA limited local trackage rights over the Line for the sole 
purpose of serving the Kiesel Facility (the only active shipper 
accessible via the Line) will allow NSR and TRRA to operate more 
efficiently in this area after NSR's nearby discontinuance while also 
preserving rail service to an existing customer. TRRA will assume 
maintenance of the Line until NSR decides to resume active operations 
over the Line.
    As a condition to this exemption, any employees affected by 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).
    This notice is filed under 49 CFR 1180.2(d)(7). 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 October 30, 2015 (at least seven days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35962, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Asim S. Raza, Terminal Railroad Association 
of St. Louis, 415 S. 18th Street, Suite 200, St. Louis, MO 63103.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: October 20, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-26987 Filed 10-22-15; 8:45 am]
BILLING CODE 4915-01-P