North Carolina & Virginia Railroad Company, L.L.C., Chesapeake & Albemarle Railroad Division-Lease Amendment and Operation Exemption Including Interchange Commitment-Norfolk Southern Railway Company, 63192 [2018-26575]

Download as PDF 63192 Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices SURFACE TRANSPORTATION BOARD [Docket No. FD 36252] North Carolina & Virginia Railroad Company, L.L.C., Chesapeake & Albemarle Railroad Division—Lease Amendment and Operation Exemption Including Interchange Commitment— Norfolk Southern Railway Company amozie on DSK3GDR082PROD with NOTICES Chesapeake & Albemarle Railroad (CA), a Class III railroad and division of North Carolina & Virginia Railroad Company, L.L.C. (NCVA), has filed a verified notice of exemption under 49 U.S.C. 10902 to enter into a superseding and replacement lease with Norfolk Southern Railway Company (NSR) and operate lines of railroad between (1) milepost NS 4.00 at Providence Junction, Va., and milepost NS 8.00 at Butts, Va., (2) milepost NS 8.00 at Butts, Va., and milepost NS 73.59 at Edenton, N.C., and (3) milepost WK 0.00 at Elizabeth City, N.C., and milepost WK 7.48 at Weeksville, N.C. (collectively, the Line). The Line totals approximately 77.07 miles. CA and NSR entered into a lease in 1990, which covered lines between (1) milepost NS 8.00, and milepost NS 74.00, and (2) milepost WK 0.00, and milepost WK 7.48 (Original Lease).1 A 2003 amendment added a line between milepost NS 4.00, and milepost NS 8.00.2 In 2004 and 2007, the Board issued abandonment and discontinuance of service exemptions for line included in the Original Lease between (1) milepost NS 73.67 and milepost NS 74.00 at Edenton, N.C.,3 and (2) milepost NS 73.59 and milepost NS 73.67 at Edenton, N.C.4 In 2011, CA and NSR added an amendment to extend the term of the Original Lease and strike all provisions relating to the option to purchase.5 Now, CA explains that the Original Lease has expired, and 1 Chesapeake & Albemarle R.R.—Lease, Acquis. & Operation Exemption—S. Ry., FD 31617 (ICC served Apr. 17, 1990). 2 N.C. & Va. R.R.—Lease & Operation Exemption—Norfolk S. Ry., FD 34272 (STB served Jan. 22, 2003). 3 Norfolk S. Ry.—Aban. Exemption—in Chowan Cty., N.C., AB 290 (Sub-No. 251X) et al. (STB served July 16, 2004). NSR consummated the abandonment between milepost NS 73.67 and milepost NS 74.00. 4 The verified notices filed by NSR and CA describe the line to be abandoned and discontinued as between milepost NS 73.59 and milepost NS 73.67. Likewise, NSR consummated the abandonment between milepost NS 73.59 and milepost NS 73.67. Therefore, it appears this milepost was erroneously stated as 73.50 in the published notice. See Norfolk S. Ry.—Aban. Exemption—in Chowan Cty., N.C., AB 290 (Sub-No. 295X) et al. (STB served Aug. 9, 2007). 5 N.C. & Va. R.R., Chesapeake & Albemarle R.R. Div.—Lease Amendment Exemption—Norfolk S. Ry., FD 35564 (Sub-No. 1) (STB served Dec. 16, 2011). VerDate Sep<11>2014 16:56 Dec 06, 2018 Jkt 247001 CA and NSR have reached a new Lease Agreement (New Lease). CA and NSR intend the New Lease to supersede and replace the Original Lease and extend the term for an additional 10 years. CA declares that it currently operates the Line pursuant to the Original Lease and will continue to operate the Line under the New Lease.6 According to CA, the New Lease includes an interchange commitment that is similar in structure to the interchange commitment included in the Original Lease. As required under 49 CFR 1150.43(h)(1), CA provided additional information regarding the interchange commitment. CA does not project that this transaction will result in annual revenues significant enough to establish a Class I or Class II rail carrier. Additionally, CA confirms that its total revenues will not exceed $5 million after the transaction; however, CA states that NCVA, of which CA is a division, will have revenues over $5 million following the transaction. Accordingly, CA is required by Board regulations to send notice of the transaction to the national offices of the labor unions with employees on the affected lines at least 60 days before this exemption is to become effective, to post a copy of the notice at the workplace of the employees on the affected lines, and to certify to the Board that it has done so. 49 CFR 1150.42(e). CA requests a waiver of the 60-day advance labor notice requirement under 49 CFR 1150.42(e). In that request, CA argues that: (1) No employees of the transferring carrier, NSR, will be affected by the lease and no employees of NSR have worked on any part of the Line since 2003 and therefore, posting notices would be futile because no NSR employees work on the Line and (2) there will be no operational changes and no CA employees will be affected by the lease. CA’s waiver request will be addressed in a separate decision. CA states that it expects to consummate the transaction on the effective date of this exemption. The Board will establish the effective date in its separate decision on the waiver request. 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 6 The Original Lease, as amended in 2011, appears to have included line from mileposts NS 73.59 to NS 74.00, which had been abandoned prior to the 2011 lease amendment. CA does not state whether it continued to operate over that abandoned line after the 2011 renewal. PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 automatically stay the effectiveness of the exemption. Petitions for stay must be filed at least seven days before the exemption becomes effective. An original and 10 copies of all pleadings, referring to Docket No. FD 36252, 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 Eric M. Hocky, Clark Hill PLC, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103. Board decisions and notices are available on our website at www.stb.gov. Decided: December 3, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–26575 Filed 12–6–18; 8:45 am] BILLING CODE 4915–01–P TENNESSEE VALLEY AUTHORITY Environmental Impact Statement for Gallatin Fossil Plant Surface Impoundment Closure and Restoration Project Tennessee Valley Authority. Notice of intent. AGENCY: ACTION: The Tennessee Valley Authority (TVA) intends to prepare an Environmental Impact Statement (EIS) to address the potential environmental effects associated with management of coal combustion residual (CCR) material at the Gallatin Fossil Plant (GAF) located near Gallatin in Sumner County, Tennessee. The purpose of the EIS is to address the final disposition of CCR onsite at GAF, support TVA’s goal to eliminate wet CCR storage at its plants, and assist TVA in complying with the U.S. Environmental Protection Agency’s (EPA’s) CCR Rule. The proposed actions would also provide long-term on-site landfill space for operations and/or storage of CCR. TVA will develop and evaluate various alternatives for these actions, including the No Action Alternative. Public comments are invited concerning both the scope of the review and environmental issues that should be addressed. DATES: Comments on the scope of the EIS must be received on or before January 11, 2019. ADDRESSES: Comments may be submitted in writing to Ashley Farless, NEPA Specialist, 1101 Market Street, BR4A–C, Chattanooga, TN, 37402. Comments may also be submitted online SUMMARY: E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

Surface Transportation Board

[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Notices]
[Page 63192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26575]



[[Page 63192]]

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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36252]


North Carolina & Virginia Railroad Company, L.L.C., Chesapeake & 
Albemarle Railroad Division--Lease Amendment and Operation Exemption 
Including Interchange Commitment--Norfolk Southern Railway Company

    Chesapeake & Albemarle Railroad (CA), a Class III railroad and 
division of North Carolina & Virginia Railroad Company, L.L.C. (NCVA), 
has filed a verified notice of exemption under 49 U.S.C. 10902 to enter 
into a superseding and replacement lease with Norfolk Southern Railway 
Company (NSR) and operate lines of railroad between (1) milepost NS 
4.00 at Providence Junction, Va., and milepost NS 8.00 at Butts, Va., 
(2) milepost NS 8.00 at Butts, Va., and milepost NS 73.59 at Edenton, 
N.C., and (3) milepost WK 0.00 at Elizabeth City, N.C., and milepost WK 
7.48 at Weeksville, N.C. (collectively, the Line). The Line totals 
approximately 77.07 miles.
    CA and NSR entered into a lease in 1990, which covered lines 
between (1) milepost NS 8.00, and milepost NS 74.00, and (2) milepost 
WK 0.00, and milepost WK 7.48 (Original Lease).\1\ A 2003 amendment 
added a line between milepost NS 4.00, and milepost NS 8.00.\2\ In 2004 
and 2007, the Board issued abandonment and discontinuance of service 
exemptions for line included in the Original Lease between (1) milepost 
NS 73.67 and milepost NS 74.00 at Edenton, N.C.,\3\ and (2) milepost NS 
73.59 and milepost NS 73.67 at Edenton, N.C.\4\ In 2011, CA and NSR 
added an amendment to extend the term of the Original Lease and strike 
all provisions relating to the option to purchase.\5\ Now, CA explains 
that the Original Lease has expired, and CA and NSR have reached a new 
Lease Agreement (New Lease). CA and NSR intend the New Lease to 
supersede and replace the Original Lease and extend the term for an 
additional 10 years. CA declares that it currently operates the Line 
pursuant to the Original Lease and will continue to operate the Line 
under the New Lease.\6\
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    \1\ Chesapeake & Albemarle R.R.--Lease, Acquis. & Operation 
Exemption--S. Ry., FD 31617 (ICC served Apr. 17, 1990).
    \2\ N.C. & Va. R.R.--Lease & Operation Exemption--Norfolk S. 
Ry., FD 34272 (STB served Jan. 22, 2003).
    \3\ Norfolk S. Ry.--Aban. Exemption--in Chowan Cty., N.C., AB 
290 (Sub-No. 251X) et al. (STB served July 16, 2004). NSR 
consummated the abandonment between milepost NS 73.67 and milepost 
NS 74.00.
    \4\ The verified notices filed by NSR and CA describe the line 
to be abandoned and discontinued as between milepost NS 73.59 and 
milepost NS 73.67. Likewise, NSR consummated the abandonment between 
milepost NS 73.59 and milepost NS 73.67. Therefore, it appears this 
milepost was erroneously stated as 73.50 in the published notice. 
See Norfolk S. Ry.--Aban. Exemption--in Chowan Cty., N.C., AB 290 
(Sub-No. 295X) et al. (STB served Aug. 9, 2007).
    \5\ N.C. & Va. R.R., Chesapeake & Albemarle R.R. Div.--Lease 
Amendment Exemption--Norfolk S. Ry., FD 35564 (Sub-No. 1) (STB 
served Dec. 16, 2011).
    \6\ The Original Lease, as amended in 2011, appears to have 
included line from mileposts NS 73.59 to NS 74.00, which had been 
abandoned prior to the 2011 lease amendment. CA does not state 
whether it continued to operate over that abandoned line after the 
2011 renewal.
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    According to CA, the New Lease includes an interchange commitment 
that is similar in structure to the interchange commitment included in 
the Original Lease. As required under 49 CFR 1150.43(h)(1), CA provided 
additional information regarding the interchange commitment.
    CA does not project that this transaction will result in annual 
revenues significant enough to establish a Class I or Class II rail 
carrier. Additionally, CA confirms that its total revenues will not 
exceed $5 million after the transaction; however, CA states that NCVA, 
of which CA is a division, will have revenues over $5 million following 
the transaction. Accordingly, CA is required by Board regulations to 
send notice of the transaction to the national offices of the labor 
unions with employees on the affected lines at least 60 days before 
this exemption is to become effective, to post a copy of the notice at 
the workplace of the employees on the affected lines, and to certify to 
the Board that it has done so. 49 CFR 1150.42(e).
    CA requests a waiver of the 60-day advance labor notice requirement 
under 49 CFR 1150.42(e). In that request, CA argues that: (1) No 
employees of the transferring carrier, NSR, will be affected by the 
lease and no employees of NSR have worked on any part of the Line since 
2003 and therefore, posting notices would be futile because no NSR 
employees work on the Line and (2) there will be no operational changes 
and no CA employees will be affected by the lease. CA's waiver request 
will be addressed in a separate decision.
    CA states that it expects to consummate the transaction on the 
effective date of this exemption. The Board will establish the 
effective date in its separate decision on the waiver request.
    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 at least seven days before the 
exemption becomes effective.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36252, 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 Eric M. Hocky, Clark Hill PLC, One Commerce 
Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103.
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: December 3, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-26575 Filed 12-6-18; 8:45 am]
BILLING CODE 4915-01-P

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