Carolina Coastal Railway, Inc.-Lease and Operation Exemption-Norfolk Southern Railway Company, 31365 [E7-10773]

Download as PDF Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Notices DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35034] Carolina Coastal Railway, Inc.—Lease and Operation Exemption—Norfolk Southern Railway Company Carolina Coastal Railway, Inc. (CLNA), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease from Norfolk Southern Railway Company (NSR) and to operate approximately 133.4 miles of rail line known as the Raleigh-Plymouth line extending between (1) Milepost NS–132.0 at Chocowinity, Beaufort County, NC, and milepost NS–228.0 at Raleigh, Wake County, NC, and (2) milepost NS–127.4 at Phosphate Junction, Beaufort County, NC, and milepost NS–90.0 at the end of the track at Plymouth, Washington County, NC, including the right-of-way and adjacent real property described as The Pocket Track and the Old Engine/Shop Tracks located in Chocowinity Yard, and the remaining former East Carolina Railway trackage (now industrial spurs) in Farmville, NC. As part of the transaction, CLNA also will acquire 8.6 miles of incidental overhead trackage rights within (a) Raleigh Yard, between milepost NS–228.0 and milepost NS– 232.0 for interchange purposes, and (b) Chocowinity Yard, between milepost NS–127.4 and milepost NS–132.0 for interchange purposes and connectivity of its lines. CLNA certifies that its projected annual revenues as a result of the transaction will not exceed those that would qualify it as a Class III rail carrier and will not exceed $5 million. The transaction is expected to be consummated on or after June 21, 2007.1 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 June 14, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35034, must be filed with the Surface Transportation Board, 395 E together with WNYP’s projected annual revenue will exceed $5 million, WNYP states that it has served the national offices of all labor unions with employees on the line with a copy of a notice of its intent to undertake this transaction and posted such notice at the workplace of the employees on the affected line on April 18, 2007. By petition filed on May 22, 2007, the Decided: May 30, 2007. United Transportation Union-New York By the Board, David M. Konschnik, State Legislative Board (UTU–NY) Director, Office of Proceedings. requests that the Board reject WNYP’s Vernon A. Williams, notice of exemption for failure to meet Secretary. the requirements of 49 CFR 1150.42(e).2 [FR Doc. E7–10773 Filed 6–5–07; 8:45 am] UTU–NY maintains that WNYP was BILLING CODE 4915–01–P required to notify the Board at least 60 days prior to the proposed effective date DEPARTMENT OF TRANSPORTATION of the exemption that the required notice had been given to employees. Surface Transportation Board Alternatively, UTU–NY requests that the exemption not become effective [STB Finance Docket No. 35019] until July 16, 2007. WNYP asserts that it served and posted the required Western New York and Pennsylvania information for employees on April 18, Railroad, LLC—Lease and Operation 2007, but it has not certified to the Exemption—Certain Assets of Norfolk Board that it has done so. Southern Railway Company and In a letter filed May 25, 2007, WNYP Chautauqua, Cattaraugus, Allegany seeks a waiver of the requirements of 49 and Steuben Southern Tier Extension CFR 1150.42(e) insofar as it relates to Railroad Authority certifying to the Board that it has Western New York and Pennsylvania complied with those requirements at Railroad, LLC (WNYP), a Class III rail least 60 days prior to the effective date carrier, has filed a verified notice of of the exemption. WNYP thus seeks a exemption under 49 CFR 1150.41 to Board ruling that would permit the lease from Chautauqua, Cattaraugus, exemption in this proceeding to become Allegany and Steuben Southern Tier effective on June 25, 2007. WNYP Extension Railroad Authority (STERA), acknowledges that, although the Board’s and Norfolk Southern Railway Company regulations do not require the filing of (NSR), and operate approximately 98.3 the labor notice with the Board, the miles of rail line extending between Board has interpreted the 60-day Machias Junction, NY, and Driftwood, advance notice requirement in 49 CFR PA, in Cattaraugus County, NY, and 1150.42(e) not only to apply to service McKean, Potter and Cameron Counties, and posting of the required labor notice, PA (the line).1 The end points of the line but also to certification to the Board of are as follows: (1) Between milepost BR that service and posting. 44.7 and milepost BR 134.0 (the Buffalo UTU–NY replied in opposition to the Line); (2) between milepost FV 0.0 and petition for waiver on May 29, 2007. milepost FV 6.6 (the Farmer’s Valley The Board will rule on WNYP’s waiver Secondary Line); and (3) between request in a subsequent decision. Unless milepost YS 114.5 and milepost YS the Board grants the waiver request, the 116.9 (the Olean Branch). NSR will earliest this transaction may be retain detour rights over the line consummated will be 60 days after pursuant to a standard form detour certification of compliance with the agreement adopted by the Association of American Railroads. 2 Under 49 CFR 1150.42(e), ‘‘If the projected WNYP certifies that its projected annual revenue of the rail lines to be acquired or revenues as a result of the transaction operated, together with the acquiring carrier’s projected annual revenue, exceeds $5 million, the will not result in the creation of a Class applicant must, at least 60 days before the II or Class I rail carrier. Because the exemption becomes effective, post a notice of projected annual revenues of the line, applicant’s intent to undertake the proposed Street, SW., 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 our Web site at http:// www.stb.dot.gov. jlentini on PROD1PC65 with NOTICES 1 STERA 1 The lease agreement provides for a term of 20 years from date of the agreement with a renewal term of 10 years. The lease may be terminated by either party prior to the end of the term in accordance with the lease provisions. The parties must seek appropriate Board authority to terminate these provisions. VerDate Aug<31>2005 16:59 Jun 05, 2007 Jkt 211001 31365 owns the portion of the line located in Cattaraugus County. NSR owns the portion of the line located in McKean, Potter and Cameron Counties, and is the current operator of the entire line. In accordance with the lease provisions, the lease term is 14 years, with a renewal term of 10 years, which may be terminated by either party prior to the end of the term. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 transaction at the workplace of the employees on the affected line(s) and serve a copy of the notice on the national offices of the labor unions with employees on the affected line(s), setting forth the types and numbers of jobs expected to be available, the terms of employment and principles of employee selection, and the lines that are to be transferred, and certify to the Board that it has done so’’ (emphasis added). E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Notices]
[Page 31365]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10773]



[[Page 31365]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35034]


Carolina Coastal Railway, Inc.--Lease and Operation Exemption--
Norfolk Southern Railway Company

    Carolina Coastal Railway, Inc. (CLNA), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to lease 
from Norfolk Southern Railway Company (NSR) and to operate 
approximately 133.4 miles of rail line known as the Raleigh-Plymouth 
line extending between (1) Milepost NS-132.0 at Chocowinity, Beaufort 
County, NC, and milepost NS-228.0 at Raleigh, Wake County, NC, and (2) 
milepost NS-127.4 at Phosphate Junction, Beaufort County, NC, and 
milepost NS-90.0 at the end of the track at Plymouth, Washington 
County, NC, including the right-of-way and adjacent real property 
described as The Pocket Track and the Old Engine/Shop Tracks located in 
Chocowinity Yard, and the remaining former East Carolina Railway 
trackage (now industrial spurs) in Farmville, NC. As part of the 
transaction, CLNA also will acquire 8.6 miles of incidental overhead 
trackage rights within (a) Raleigh Yard, between milepost NS-228.0 and 
milepost NS-232.0 for interchange purposes, and (b) Chocowinity Yard, 
between milepost NS-127.4 and milepost NS-132.0 for interchange 
purposes and connectivity of its lines.
    CLNA certifies that its projected annual revenues as a result of 
the transaction will not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million.
    The transaction is expected to be consummated on or after June 21, 
2007.\1\
    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 June 14, 2007 
(at least 7 days before the exemption becomes effective).
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    \1\ The lease agreement provides for a term of 20 years from 
date of the agreement with a renewal term of 10 years. The lease may 
be terminated by either party prior to the end of the term in 
accordance with the lease provisions. The parties must seek 
appropriate Board authority to terminate these provisions.
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    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35034, 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 John D. Heffner, John D. 
Heffner, PLLC, 1920 N Street, NW., Suite 800, Washington, DC 20036.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: May 30, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary. 3
 [FR Doc. E7-10773 Filed 6-5-07; 8:45 am]
BILLING CODE 4915-01-P