City of Charlotte, NC-Acquisition Exemption-Norfolk Southern Railway Company, 53474 [2024-13991]

Download as PDF 53474 Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Notices found at: https://www.dco.uscg.mil/ IMO. (Authority: 22 U.S.C. 2656 and 5 U.S.C. 522) Leslie W. Hunt, Coast Guard Liaison Officer, Office of Ocean and Polar Affairs, Department of State. [FR Doc. 2024–13955 Filed 6–25–24; 8:45 am] BILLING CODE 4710–09–P DEPARTMENT OF STATE [Public Notice: 12440] Notice of Federal Advisory Committee Meeting Pursuant to the Federal Advisory Committee Act and applicable regulations, the Department of State hereby provides notice of the next meeting of the President’s Advisory Council on African Diaspora Engagement (‘‘the Advisory Council’’). DATES: July 15, 2024. ADDRESSES: This event will take place in-person in Lagos, Nigeria. FOR FURTHER INFORMATION CONTACT: For additional information and for those interested in participating, please contact Mr. Matthew Becker, Senior Foreign Affairs Officer in the Office of the Assistant Secretary, Bureau of African Affairs, U.S. Department of State by email at BeckerMA@state.gov or by phone at (202) 647–1790. SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. 1001 et seq., and 41 CFR 102– 3.65, the Advisory Council will host a plenary session meeting. The primary mission of the Advisory Council is to provide counsel to the President on enhancing connections between the United States Government and the African diaspora within the United States, aligning with the objectives outlined in the U.S. Strategy Toward Sub-Saharan Africa. Text: In accordance with Executive Order 14089, the Advisory Council will host its second engagement of the year from July 15–17, 2024, in Lagos and Abuja, Nigeria. Members of the Advisory Council will meet in Lagos before engaging in a series of on-site discussions relating to diaspora-led investments on the continent such as education, youth engagement, and the creative industries sector in sports, film, music, and arts. They will meet with representatives from the Nigerian government, Nigerian civil society, youth leaders, and professionals in the creative industries sector and finance sector. Meetings are open to the public. Priority for in-person seating will be ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:15 Jun 25, 2024 Jkt 262001 given to the members of the Advisory Council and remaining seating will be reserved on a first-come, first-served basis. Interested members of the public may reserve a seat by contacting Matthew Becker at BeckerMA@state.gov. Established in accordance with Executive Order 14089, the Advisory Council operates under the overarching authority of the Secretary of State and the Department of State, as outlined in Title 22 of the United States Code. Specifically, its mandate aligns with section 2656 of that Title and adheres to the Federal Advisory Committee Act. Authority: 5 U.S.C. 1001 et seq. and 22 U.S.C. 2651a. Matthew A. Becker, Designated Federal Officer, President’s Advisory Council on African Diaspora Engagement, Department of State. [FR Doc. 2024–13954 Filed 6–25–24; 8:45 am] BILLING CODE 4710–26–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36785] City of Charlotte, NC—Acquisition Exemption—Norfolk Southern Railway Company The City of Charlotte, NC (the City), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Norfolk Southern Railway Company (NSR) its right, title, and interests in the right-of-way, track, and related physical assets (the Assets) of an approximately 29.04-mile portion of NSR’s O Line in Mecklenburg and Iredell Counties, NC (O Line Segment).1 The O Line Segment extends from milepost O–0.04 in Charlotte, NC, to milepost O–29.08 in Mooresville, NC. According to the City, under the terms of its agreements with NSR,2 the City will acquire the Assets, with NSR retaining a permanent and exclusive easement preserving NSR’s ability to fulfill its common carrier and related freight services over the O Line Segment. The City states that the acquisition is part of a planned expansion of the Charlotte Area Transit System, the City’s regional transit network, which will better link northern 1 The City also filed a motion to dismiss the notice of exemption on the grounds that the transaction does not require authorization from the Board. The motion to dismiss will be addressed in a subsequent Board decision. 2 Public and confidential versions of the Purchase and Sale Agreement and the Draft Comprehensive Rail Agreement (Agreements) were filed with the motion to dismiss. The confidential versions were submitted under seal concurrently with a motion for protective order, which is addressed in a separate decision. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 suburban communities with the City of Charlotte. The City also states that it will be prohibited under the Agreements from providing freight rail service or unreasonably interfering with NSR’s freight service over the O Line Segment. According to the verified notice, NSR will retain the easement to provide rail service to customers over, on, and connecting to the Assets. The City certifies that the proposed transaction does not include any provision or agreement that would limit future interchange with a third-party connecting carrier. The City also certifies that, because it will not conduct any freight rail carrier operations over the Assets, its projected annual revenues will not exceed $5 million and will not exceed those that would qualify the City as being a Class III rail carrier. The transaction may be consummated on or after July 10, 2024, 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) maybe 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 July 3, 2024 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36785, 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, a copy of each pleading must be served on the City’s representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606–3208. According to the City, this action is categorically excluded from environmental reporting requirements 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: June 21, 2024. By the Board, Mai T. Dinh, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2024–13991 Filed 6–25–24; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Page 53474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13991]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36785]


City of Charlotte, NC--Acquisition Exemption--Norfolk Southern 
Railway Company

    The City of Charlotte, NC (the City), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire from 
Norfolk Southern Railway Company (NSR) its right, title, and interests 
in the right-of-way, track, and related physical assets (the Assets) of 
an approximately 29.04-mile portion of NSR's O Line in Mecklenburg and 
Iredell Counties, NC (O Line Segment).\1\ The O Line Segment extends 
from milepost O-0.04 in Charlotte, NC, to milepost O-29.08 in 
Mooresville, NC.
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    \1\ The City also filed a motion to dismiss the notice of 
exemption on the grounds that the transaction does not require 
authorization from the Board. The motion to dismiss will be 
addressed in a subsequent Board decision.
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    According to the City, under the terms of its agreements with 
NSR,\2\ the City will acquire the Assets, with NSR retaining a 
permanent and exclusive easement preserving NSR's ability to fulfill 
its common carrier and related freight services over the O Line 
Segment. The City states that the acquisition is part of a planned 
expansion of the Charlotte Area Transit System, the City's regional 
transit network, which will better link northern suburban communities 
with the City of Charlotte. The City also states that it will be 
prohibited under the Agreements from providing freight rail service or 
unreasonably interfering with NSR's freight service over the O Line 
Segment. According to the verified notice, NSR will retain the easement 
to provide rail service to customers over, on, and connecting to the 
Assets.
---------------------------------------------------------------------------

    \2\ Public and confidential versions of the Purchase and Sale 
Agreement and the Draft Comprehensive Rail Agreement (Agreements) 
were filed with the motion to dismiss. The confidential versions 
were submitted under seal concurrently with a motion for protective 
order, which is addressed in a separate decision.
---------------------------------------------------------------------------

    The City certifies that the proposed transaction does not include 
any provision or agreement that would limit future interchange with a 
third-party connecting carrier. The City also certifies that, because 
it will not conduct any freight rail carrier operations over the 
Assets, its projected annual revenues will not exceed $5 million and 
will not exceed those that would qualify the City as being a Class III 
rail carrier.
    The transaction may be consummated on or after July 10, 2024, 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) maybe 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 July 3, 2024 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36785, 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, a copy of each pleading must be served on the 
City's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to the City, this action is categorically excluded from 
environmental reporting requirements 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: June 21, 2024.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2024-13991 Filed 6-25-24; 8:45 am]
BILLING CODE 4915-01-P
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