81 FR 67419 - Lehigh Railway, LLC-Lease Exemption Containing Interchange Commitment-Norfolk Southern Railway Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 190 (September 30, 2016)

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67419-67420]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23695]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36062]


Lehigh Railway, LLC--Lease Exemption Containing Interchange 
Commitment--Norfolk Southern Railway Company

    Lehigh Railway, LLC (LRWY), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to continue to lease 
from Norfolk Southern Railway Company (NSR), and to operate, 
approximately 56.0 miles of rail line between milepost IS 269.5 at 
Athens, Pa., and milepost IS 213.5 at Mehoopany, Pa., in Bradford and 
Wyoming Counties, Pa., including any sidings, sidetracks, yards, or 
facilities presently owned by NSR that are accessed via the line.
    LRWY states that LRWY and NSR have entered into an amended lease 
agreement \1\ (Amended Lease) which served to renew the original lease 
agreement (Original Lease) that the parties had previously entered into 
on

[[Page 67420]]

October 28, 2008.\2\ According to LRWY, the Amended Lease extends the 
term of the Original Lease to December 31, 2023, and includes other 
changes. As required under 49 CFR 1150.43(h)(1), LRWY has disclosed in 
its verified notice that the Amended Lease contains an interchange 
commitment in the form of lease credits. LRWY states that these credits 
were part of the Original Lease and the terms of the credits in the 
Amended Lease remain unchanged. LRWY has provided additional 
information regarding the interchange commitment, as required by 49 CFR 
1150.43(h). LRWY notes that it will continue to be the operator of the 
line.
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    \1\ LRWY filed a confidential, complete version of the Amended 
Lease with its notice of exemption to be kept confidential by the 
Board under 49 CFR 1104.14(a) without need for the filing of an 
accompanying motion for protective order under 49 CFR 1104.14(b).
    \2\ LRWY was granted authority to lease and operate the rail 
line in Lehigh Railway, LLC--Lease & Operation Exemption--Norfolk 
Southern Railway, FD 35192 (STB served Nov. 14, 2008).
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    LRWY certifies that the projected annual revenues as a result of 
the proposed transaction will not result in LRWY's becoming a Class II 
or Class I rail carrier and will not exceed $5 million.
    The transaction may be consummated on or after October 15, 2016, 
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 to stay must be filed by 
October 7, 2016 (at least seven days prior to the date the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36062, 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 applicant's representative, Kevin M. Sheys, 
Nossaman LLP, 1666 K Street NW., Suite 500, Washington, DC 20006.
    According to LRWY, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: September 27, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-23695 Filed 9-29-16; 8:45 am]
 BILLING CODE 4915-01-P