[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Page 20914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07562]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36600]


North Shore Railroad Company--Operation and Trackage Rights 
Exemption--Lines of SEDA-COG Joint Rail Authority and Norfolk Southern 
Railway Company, Including Interchange Commitment

    North Shore Railroad Company (North Shore), a Class III rail 
carrier, has filed a verified notice of exemption pursuant to 49 CFR 
1150.41 to: (1) Operate approximately 7.7 miles of existing railroad 
track and right-of-way known as the Selinsgrove Industrial Track, 
extending from milepost 0.0 at Selinsgrove Junction, Pa., to milepost 
7.7 in Kreamer, Pa., and an approximately 1.3-mile industrial spur 
known as the Power Plant Lead, both in Snyder County, Pa. 
(collectively, the Line), and (2) acquire incidental trackage rights 
over approximately 4.7 miles of track owned by Norfolk Southern Railway 
Company (NSR), on NSR's Buffalo Line, from milepost BR 258.6 at 
Sunbury, Pa., to milepost BR 263.3 at Selinsgrove Junction.
    The Line is currently owned and operated by NSR and is being 
acquired by the SEDA-COG Joint Rail Authority (the Authority), a 
Pennsylvania municipal authority and noncarrier. The Authority has 
concurrently filed a verified notice of exemption to acquire the Line 
\1\ in SEDA-COG Joint Rail Authority--Acquisition Exemption with 
Interchange Commitment--Norfolk Southern Railway Company, Docket No. FD 
33602. The Authority and NSR have also entered into a Freight Service 
Easement Agreement (FSEA), providing the Authority an easement and 
right to operate freight rail service on the Line. According to the 
verified notice, the FSEA expressly contemplates that the Authority 
will enter into an agreement with a third-party operating railroad to 
operate the Line for the Authority. North Shore will be operating over 
the Line pursuant to an operating agreement with the Authority.
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    \1\ According to the verified notice, the Power Plant Lead is 
currently an industrial spur line, the Authority's acquisition of 
which does not require Board authorization. However, the verified 
notice indicates that the Power Plant Lead is part of the Line for 
which North Shore seeks common carrier operating authority, as it 
will become a line of railroad subject to the Board's authority upon 
the effective date of the exemption.
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    North Shore certifies that that the proposed transaction will not 
result in North Shore's becoming a Class I or Class II rail carrier and 
that the 60-day advance notice requirements of 49 CFR 1150.42 do not 
apply. North Shore certifies that the FSEA contains a provision that 
would limit future interchange with a third-party connecting carrier 
other than NSR at Northumberland. North Shore has provided additional 
information regarding the interchange commitment, as required by 49 CFR 
1150.43(h).\2\
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    \2\ A copy of the FSEA containing the interchange commitment was 
filed under seal with the verified notice. See 49 CFR 1150.43(h)(1).
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    The earliest this transaction may be consummated is April 23, 2022, 
the effective date of the exemption (30 days after the verified notice 
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 no later than April 15, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36600, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on North 
Shore's representative, Richard A. Allen, KMA Zuckert, LLC, 888 
Seventeenth Street NW, Suite 700, Washington, DC 20006.
    According to North Shore, 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: April 5, 2022.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2022-07562 Filed 4-7-22; 8:45 am]
BILLING CODE 4915-01-P