Commonwealth Railway, Inc.-Acquisition and Operation Exemption-Norfolk Southern Railway Company, 76724 [E6-21614]

Download as PDF 76724 Federal Register / Vol. 71, No. 245 / Thursday, December 21, 2006 / Notices K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on John D. Heffner, John D. Heffner, PLLC, 1920 N Street, NW., Suite 800, Washington, DC 20036. Board decisions and notices are available on its Web site at http:// www.stb.dot.gov. Decided: December 14, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–21761 Filed 12–20–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34954] Commonwealth Railway, Inc.— Acquisition and Operation Exemption—Norfolk Southern Railway Company sroberts on PROD1PC70 with NOTICES Commonwealth Railway, Inc. (CWRY), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and operate approximately 12.5 miles of rail line owned by Norfolk Southern Railway Company (NS) between milepost F–4.0 and milepost F–16.5 near Portsmouth, VA. CWRY currently operates the subject line pursuant to a lease with an option to purchase from NS (as the successor to Norfolk and Western Railway Company).1 CWRY states that it has agreed to grant NS and CSX Transportation, Inc. (CSXT) trackage rights over a portion of the subject line between milepost F–16.5 and approximately milepost F–9.9 to allow each connecting carrier equal access to CWRY and the rail line.2 CWRY certifies that its projected revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier, and that its projected annual revenues will not exceed $5 million. CWRY states that the parties intend to consummate the transaction after November 28, 2006 (the effective date of the exemption). If the verified notice contains false or misleading information, the exemption 1 See Commonwealth Railway Incorporated— Lease, Operation, and Acquisition Exemption—Rail Lines in Portsmouth, Chesapeake, and Suffolk, VA, Finance Docket No. 31528 (ICC served Sept. 8, 1989). As part of that transaction, CWRY also acquired a 3.92-mile line of railroad between milepost F–0.8 and milepost F–4.0. 2 According to CWRY, both NS and CSXT will seek the Board’s approval for the trackage rights in separate filings. VerDate Aug<31>2005 17:01 Dec 20, 2006 Jkt 211001 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 transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34954, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on: Eric M. Hocky, Four Penn Center, Suite 200, 1600 John F. Kennedy Blvd., Philadelphia, PA 19103–2808. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: December 12, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–21614 Filed 12–20–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–290 (Sub-No. 285X), STB Docket No. AB–290 (Sub-No. 276X)] High Point, Randleman, Asheboro and Southern Railroad Company— Abandonment Exemption—in Guilford County, NC; Norfolk Southern Railway Company—Discontinuance of Service Exemption—in Guilford County, NC Norfolk Southern Railway Company (NSR) and High Point, Randleman, Asheboro and Southern Railroad Company (HPRAS), a majority-owned NSR subsidiary, have jointly filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments and Discontinuances of Service for NSR to discontinue service over, and for HPRAS to abandon, 1.5 miles of railroad between milepost M 0.0 and milepost M 1.5 in High Point, Guilford County, NC. The line traverses United States Postal Service Zip Code 27260, and includes the former station of High Point. NSR and HPRAS have certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 and (4) the requirements of 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to these exemptions, any employee adversely affected by the abandonment or discontinuance shall be protected under Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, these exemptions will be effective on January 20, 2007, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 2, 2007. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 10, 2007, with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to applicants’ representative: James R. Paschall, Three Commercial Place, Norfolk, VA 23510. If the verified notice contains false or misleading information, the exemptions are void ab initio. NSR and HPRAS have filed an environmental report which addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. SEA will issue an environmental assessment (EA) by December 26, 2006. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 565– 1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] Comments on environmental and historic 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemptions’ effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C. 2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemptions’ effective date. 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. See 49 CFR 1002.2(f)(25). E:\FR\FM\21DEN1.SGM 21DEN1

Agencies

[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Page 76724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21614]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34954]


Commonwealth Railway, Inc.--Acquisition and Operation Exemption--
Norfolk Southern Railway Company

    Commonwealth Railway, Inc. (CWRY), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire 
and operate approximately 12.5 miles of rail line owned by Norfolk 
Southern Railway Company (NS) between milepost F-4.0 and milepost F-
16.5 near Portsmouth, VA. CWRY currently operates the subject line 
pursuant to a lease with an option to purchase from NS (as the 
successor to Norfolk and Western Railway Company).\1\ CWRY states that 
it has agreed to grant NS and CSX Transportation, Inc. (CSXT) trackage 
rights over a portion of the subject line between milepost F-16.5 and 
approximately milepost F-9.9 to allow each connecting carrier equal 
access to CWRY and the rail line.\2\
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    \1\ See Commonwealth Railway Incorporated--Lease, Operation, and 
Acquisition Exemption--Rail Lines in Portsmouth, Chesapeake, and 
Suffolk, VA, Finance Docket No. 31528 (ICC served Sept. 8, 1989). As 
part of that transaction, CWRY also acquired a 3.92-mile line of 
railroad between milepost F-0.8 and milepost F-4.0.
    \2\ According to CWRY, both NS and CSXT will seek the Board's 
approval for the trackage rights in separate filings.
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    CWRY certifies that its projected revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier, and that its projected annual revenues will not exceed $5 
million. CWRY states that the parties intend to consummate the 
transaction after November 28, 2006 (the effective date of the 
exemption).
    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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34954, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on: Eric M. Hocky, Four Penn 
Center, Suite 200, 1600 John F. Kennedy Blvd., Philadelphia, PA 19103-
2808.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: December 12, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-21614 Filed 12-20-06; 8:45 am]
BILLING CODE 4915-01-P