[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Notices]
[Pages 41157-41158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16243]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36528]


South Point & Ohio Railroad, LLC--Operation Exemption--Lawrence 
Economic Development Corporation

    South Point & Ohio Railroad, LLC (SPOR), a noncarrier, has filed a 
verified notice of exemption pursuant to 49 CFR 1150.31 to operate 
approximately 1,277 feet of track in South Point, Ohio (the Line), 
owned by Lawrence Economic Development Corporation (LEDC), also a 
noncarrier. The Line extends from a point of connection with the Kenova 
District main line of Norfolk Southern Railway Company northward to an 
industrial park owned by LEDC. The Line has no mileposts. According to 
SPOR, no common carrier service has previously been offered on the 
Line.
    Pursuant to a Lease, Development and Marketing Services Agreement 
(Agreement) between SPOR and LEDC,\1\ SPOR will lease the Line, provide 
common carrier rail service on the Line, and operate as needed over 
connecting ancillary track located within the LEDC-owned industrial 
park. SPOR states that the Agreement would be effectuated upon the 
effective date of the exemption, and upon the satisfaction of several 
other conditions precedent as set forth in the Agreement. According to 
SPOR, its obligation to provide common

[[Page 41158]]

carrier rail service is anticipated to commence on or after August 15, 
2021.
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    \1\ SPOR filed a copy of the Agreement, see Macrie--Continuance 
in Control Exemption--N.J. Seashore Lines, Inc., FD 35296, slip op. 
at 3-4 (STB served Aug. 31, 2010), in both redacted, public form and 
under seal in unredacted form, along with a motion for protective 
order pursuant to 49 CFR 1104.14. That motion was granted in a 
decision served on July 20, 2021.
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    SPOR states that the proposed transaction does not involve, and the 
Agreement does not contain, any provision or agreement that would limit 
future interchange on the Line with a third-party connecting carrier.
    Further, SPOR certifies that its projected annual revenue will not 
exceed $5 million and that the proposed transaction will not result in 
SPOR's becoming a Class I or II rail carrier.
    The earliest this transaction may be consummated is August 15, 
2021, 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 August 6, 
2021.
    All pleadings, referring to Docket No. FD 36528, 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 SPOR's 
representative, Thomas J. Healey, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606.
    According to SPOR, 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: July 26, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2021-16243 Filed 7-29-21; 8:45 am]
BILLING CODE 4915-01-P