Georgia Southern Railway Co.-Lease and Operation Exemption Containing Interchange Commitments-The South Western Rail Road Company, Central of Georgia Railroad Company, and Norfolk Southern Railway Company, 5767 [2020-01900]

Download as PDF Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Notices By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2020–01826 Filed 1–30–20; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36324] jbell on DSKJLSW7X2PROD with NOTICES Georgia Southern Railway Co.—Lease and Operation Exemption Containing Interchange Commitments—The South Western Rail Road Company, Central of Georgia Railroad Company, and Norfolk Southern Railway Company Georgia Southern Railway Co. (GASR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to continue to lease and operate three rail lines totaling approximately 52.8 miles in length (not inclusive of yard track). GASR will continue to lease: (1) From Norfolk Southern Railway Company (NSR) the Roberta Line, from milepost 95.5–FV, at or near Roberta, to milepost 105.3–FV, at or near Fort Valley, in Peach and Crawford Counties, Ga. (approximately 9.8 miles); (2) from Central of Georgia Railroad Company (CGR), a wholly owned subsidiary of NSR, the Metter Line, from milepost W–57.5, at or near Dover, to milepost W–86.7 at or near Metter, in Candler, Bulloch, and Screven Counties, Ga. (approximately 29.2 miles); and (3) from CGR and the South Western Rail Road Company (SWRR), a subsidiary of CGR, the Perry Line, from milepost N–219.7, at or near Fort Valley to milepost N–232.6, at or near Perry, in Peach and Houston Counties, Ga. (approximately 12.9 miles) (the Lines).1 In 2009, Georgia Midland Railroad, Inc., assigned its lease of the Lines to GASR. See Ga. S. Ry.—Lease & Operation Exemption & Operation Exemption—Certain Lines of Ga. Midland R.R., et al., FD 35322 (STB served Dec. 2, 2009). According to the verified notice, GASR has executed lease renewal agreements with NSR for the Roberta Line, with CGR for the Metter Line, and with CGR and SWRR for the Perry Line, for a period of ten years. GASR certifies that its projected annual revenues as a result of the proposed transaction will not result in GASR’s becoming a Class I or Class II rail carrier and will not exceed $5 million. GASR has disclosed in its verified notice that the lease renewals 1 On January 27, 2020, GASR filed a supplement to correct the description of the Metter Line. VerDate Sep<11>2014 17:16 Jan 30, 2020 Jkt 250001 with CGR and SWRR contain an interchange commitment, in the form of lease credits.2 GASR has provided additional information regarding the interchange commitments as required by 49 CFR 1150.43(h). The transaction may be consummated on or after February 14, 2020, the effective date of the exemption (30 days after the verified notice of exemption 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 by February 7, 2020 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36324, must be filed with the Surface Transportation Board either via e-filing or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on GASR’s representative, W. Karl Hansen, Stinson LLP, 50 South Sixth Street, Suite 2600, Minneapolis, MN 55402. According to GASR, 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. 5767 Elkhart & Western Railroad Co. (EWR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to continue to lease and operate approximately 23.0 miles of rail line from Norfolk Southern Railway Company (NSR) between milepost I 108.6+/- (at Argos, Ind.) and milepost I 131.6 +/- (at Walkerton, Ind.) (the Line). The verified notice states that EWR entered into a lease agreement with NSR in 2010. See Elkhart & W. R.R.—Lease & Operation Exemption—Norfolk S. Ry., FD 35347 (STB served Feb. 19, 2010). The parties amended the lease in 2016. See Elkhart & W. R.R.—Amended Lease & Operation Exemption Containing Interchange Commitment—Norfolk S. Ry., FD 35347 (Sub-No. 1) (STB served Oct. 14, 2016). According to the verified notice, EWR and NSR have agreed to further amend the lease agreement to extend the term of the lease to July 31, 2029, and to modify certain other specific terms of the agreement.1 EWR states that the amended lease agreement will take effect upon the effective date of the notice of exemption. According to EWR, it will continue to interchange traffic with NSR at a track in the vicinity of the Argos Yard. EWR states that the lease agreement, as amended, does not prohibit or limit EWR from interchanging with thirdparty connecting carriers that connect to the Line, nor does the agreement set forth terms governing EWR’s interchange of traffic with such thirdparty carriers. However, as required under 49 CFR 1150.43(h)(1), EWR has disclosed in its verified notice that the lease agreement, as amended, contains an interchange commitment in the form of lease credits. EWR has also provided additional information regarding the interchange commitment as required by 49 CFR 1150.43(h). EWR certifies that its projected annual revenues do not exceed those that would qualify it as a Class II or Class I rail carrier and would not exceed $5 million. The proposed transaction may be consummated on February 14, 2020, the effective date of the exemption (30 days after the verified notice of exemption was filed). 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 to stay must be filed no later than February 7, 2020 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 35347 (Sub-No. 2), must be filed with the Surface Transportation Board, either via e-filing or in writing addressed to 395 E Street SW, 2 Copies of the lease renewal agreements with the interchange commitments were submitted under seal. See 49 CFR 1150.43(h)(1). 1 A copy of the amended agreement with the interchange commitment was submitted under seal. See 49 CFR 1150.43(h)(1). Decided: January 28, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2020–01900 Filed 1–30–20; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 35347 (Sub-No. 2)] Elkhart & Western Railroad Co.— Amended Lease and Operation Exemption Containing Interchange Commitment—Norfolk Southern Railway Company PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM 31JAN1

Agencies

[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Notices]
[Page 5767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01900]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36324]


Georgia Southern Railway Co.--Lease and Operation Exemption 
Containing Interchange Commitments--The South Western Rail Road 
Company, Central of Georgia Railroad Company, and Norfolk Southern 
Railway Company

    Georgia Southern Railway Co. (GASR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to continue 
to lease and operate three rail lines totaling approximately 52.8 miles 
in length (not inclusive of yard track). GASR will continue to lease: 
(1) From Norfolk Southern Railway Company (NSR) the Roberta Line, from 
milepost 95.5-FV, at or near Roberta, to milepost 105.3-FV, at or near 
Fort Valley, in Peach and Crawford Counties, Ga. (approximately 9.8 
miles); (2) from Central of Georgia Railroad Company (CGR), a wholly 
owned subsidiary of NSR, the Metter Line, from milepost W-57.5, at or 
near Dover, to milepost W-86.7 at or near Metter, in Candler, Bulloch, 
and Screven Counties, Ga. (approximately 29.2 miles); and (3) from CGR 
and the South Western Rail Road Company (SWRR), a subsidiary of CGR, 
the Perry Line, from milepost N-219.7, at or near Fort Valley to 
milepost N-232.6, at or near Perry, in Peach and Houston Counties, Ga. 
(approximately 12.9 miles) (the Lines).\1\
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    \1\ On January 27, 2020, GASR filed a supplement to correct the 
description of the Metter Line.
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    In 2009, Georgia Midland Railroad, Inc., assigned its lease of the 
Lines to GASR. See Ga. S. Ry.--Lease & Operation Exemption & Operation 
Exemption--Certain Lines of Ga. Midland R.R., et al., FD 35322 (STB 
served Dec. 2, 2009). According to the verified notice, GASR has 
executed lease renewal agreements with NSR for the Roberta Line, with 
CGR for the Metter Line, and with CGR and SWRR for the Perry Line, for 
a period of ten years.
    GASR certifies that its projected annual revenues as a result of 
the proposed transaction will not result in GASR's becoming a Class I 
or Class II rail carrier and will not exceed $5 million. GASR has 
disclosed in its verified notice that the lease renewals with CGR and 
SWRR contain an interchange commitment, in the form of lease 
credits.\2\ GASR has provided additional information regarding the 
interchange commitments as required by 49 CFR 1150.43(h).
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    \2\ Copies of the lease renewal agreements with the interchange 
commitments were submitted under seal. See 49 CFR 1150.43(h)(1).
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    The transaction may be consummated on or after February 14, 2020, 
the effective date of the exemption (30 days after the verified notice 
of exemption 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 by 
February 7, 2020 (at least seven days before the exemption becomes 
effective).
    All pleadings, referring to Docket No. FD 36324, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on GASR's representative, W. Karl 
Hansen, Stinson LLP, 50 South Sixth Street, Suite 2600, Minneapolis, MN 
55402.
    According to GASR, 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: January 28, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2020-01900 Filed 1-30-20; 8:45 am]
 BILLING CODE 4915-01-P
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