SEDA-COG Joint Rail Authority (the Authority), a noncarrier, has filed a verified notice of exemption to permit the Authority to acquire approximately 7.7 miles of rail line from Norfolk Southern Railway Company (NSR), excluding interest in the real property, known as the Selinsgrove Industrial Track in Snyder County, Pa., extending from milepost 0.0, at Selinsgrove Junction, Pa., to milepost 7.7, in Kreamer, Pa. (the Line).^[1]

According to the verified notice, the Authority is acquiring the Line from NSR pursuant to an asset purchase agreement. 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 and the PPL Track. 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 Railroad Company (North Shore), a ( printed page 20915) Class III rail carrier, will operate over the Line pursuant to an operating agreement with the Authority and has concurrently filed a verified notice of exemption to operate the Line in North Shore Railroad Company—Operation & Trackage Rights Exemption—Lines of SEDA-COG Joint Rail Authority & Norfolk Southern Railway Company, Including Interchange Commitment, Docket No. FD 36600.^[2]

The Authority certifies that its projected annual revenues from this transaction will not exceed those that would qualify it as a Class III rail carrier and will not exceed $5 million. The Authority further states that the FSEA contains an interchange commitment that would limit future interchange with a third-party carrier other than NSR, and the Authority has provided additional information regarding the interchange commitment as required by 49 CFR 1150.33(h).^[3]

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 36602, 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 the Authority's representative, Peter A. Pfohl, Slover & Loftus LLP, 1224 Seventeenth Street NW, Washington, DC 20036.

According to the Authority, 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).