R.J. Corman Railroad Company/Pennsylvania Lines Inc.-Acquisition and Operation Exemption-Line of Norfolk Southern Railway Company, 32078 [E8-12584]

Download as PDF 32078 Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices expeditious manner. It is apparent, however, that the final rule cannot be in place before the June 1, 2008, deadline for EFV installation that is in the Act. PHMSA encourages all gas distribution pipeline operators to take actions to ensure that EFVs are installed on the appropriate service lines that are installed or completely replaced after June 1, 2008. Issued in Washington, DC, on May 30, 2008. William H. Gute, Deputy Associate Administrator for Pipeline Safety. [FR Doc. E8–12566 Filed 6–4–08; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35143] R.J. Corman Railroad Company/ Pennsylvania Lines Inc.—Acquisition and Operation Exemption—Line of Norfolk Southern Railway Company yshivers on PROD1PC62 with NOTICES R.J. Corman Railroad Company/ Pennsylvania Lines Inc. (RJCP), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire by purchase from Norfolk Southern Railway Company (NS) 1 a rail line extending between milepost 64.5 near Winburne, PA, and milepost 45.5 near Gillintown, PA, a distance of approximately 19 miles in Clearfield and Centre Counties, PA (the Snow Shoe Industrial Track).2 RJCP intends to operate rail service over the Eastern Segment.3 1 NS succeeded to Consolidated Rail Corporation’s (Conrail) ownership of the subject line as a result of the merger proceeding in CSX Corp. et al.—Control—Conrail Inc. et al., 3 S.T.B. 196 (1998). 2 This proceeding also is related to STB Finance Docket No. 35116, R.J. Corman Railroad Company/ Pennsylvania Lines Inc.—Construction and Operation Exemption—in Clearfield County, PA, in which RJCP seeks an exemption to construct and to operate over approximately 10.8 miles of abandoned Conrail right-of-way from Wallaceton Junction, at Conrail milepost 11.76, to Winburne, at milepost 64.5 (Conrail milepost 22.56), (the Western Segment), and to rebuild the track on a rail banked 9.3-mile portion of the Snow Shoe Industrial Track between milepost 64.5 near Winburne and milepost 55.2 near Gorton, PA (the Eastern Segment). RJCP takes the position that it does not need Board authority for construction with respect to the rail banked Eastern Segment and has filed a motion to dismiss that part of the construction petition for exemption that pertains to the Eastern Segment. The Western Segment connects at Wallaceton Junction with RJCP’s existing rail line. Together, the Eastern and Western Segments would be operated by RJCP as the Beech Creek Branch Line. 3 A Certificate of Interim Trail Use or Abandonment (CITU) was issued for the entire 19 miles of the Snow Shoe Industrial Track in Conrail VerDate Aug<31>2005 14:51 Jun 04, 2008 Jkt 214001 Based on projected revenues for the line being acquired, RJCP expects to remain a Class III rail carrier after consummation of the proposed transaction. RJCP certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier. Because the projected annual revenues of the lines, together with RJCP’s projected annual revenue, will exceed $5 million, RJCP is required, at least 60 days before an exemption is to become effective, to send notice of the transaction to the national and local offices of the labor unions with employees on the affected lines and post a copy of the notice at the workplace of the employees on the affected lines and certify to the Board that it has done so. 49 CFR 1150.42(e). However, RJCP has noted that there are no affected employees as there is no current rail line. Therefore, RJCP has filed for a waiver from the requirements of 49 CFR 1150.42(e). RJCP states in the waiver request that the track materials on the line have been removed, no rail operations have been conducted for at least 15 years, and no railroad workers have been employed on the line for at least the same period of time. RJCP’s waiver request will be handled in a subsequent decision. The Board will establish in the decision on the waiver request the earliest this transaction may be consummated. RJCP states that it intends to consummate the transaction only following approval of RJCP’s petition for exemption in STB Finance Docket No. 35116. If the 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. Petitions for stay must be filed no later than 7 days before the exemption becomes effective. Pursuant to the Consolidated Appropriations Act, 2008, Public Law 110–161 section 193, 121 Stat. 1844 Abandonment of the Snow Shoe Industrial Track in Centre and Clearfield Counties, PA, Docket No. AB– 167 (Sub-No. 1004N) (ICC served Nov. 5, 1993) and remains in place. The Headwaters Charitable Trust (HCT) has been using the rail banked right-of-way as a recreational trail on an interim basis. RJCP has concurrently filed a petition in STB Docket No. AB– 167 (Sub-No. 1004N), seeking vacation of the CITU with respect to the Eastern Segment. With respect to the remaining portion of the Snow Shoe Industrial track, from milepost 55.2 to milepost 45.5, RJCP states that it intends to maintain the agreement with HCT to allow continued recreational trail use. PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 (2007), nothing in this decision authorizes the following activities at any solid waste rail transfer facility: collecting, storing, or transferring solid waste outside of its original shipping container; or separating or processing solid waste (including baling, crushing, compacting, and shredding). The term ‘‘solid waste’’ is defined in section 1004 of the Solid Waste Disposal Act, 42 U.S.C. 6903. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35143, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Ronald A. Lane, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: May 30, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–12584 Filed 6–4–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Bureau of Transportation Statistics [RITA 2007–27185 Paperwork Reduction Notice] Research and Innovative Technology Administration; Agency Information Collection; Activity Under OMB Review; Report of Traffic and Capacity Statistics—The T–100 System Research and Innovative Technology Administration (RITA), Bureau of Transportation Statistics (BTS), DOT. ACTION: Notice. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act of 1995, Public Law 104–13, the Bureau of Transportation Statistics invites the general public, industry and other governmental parties to comment on the continuing need for and usefulness of DOT requiring U.S. and foreign air carriers to file traffic and capacity data pursuant to 14 CFR 241.19 and Part 217, respectively. These reports are used to measure air transportation activity to, from, and within the United States. DATES: Written comments should be submitted by August 4, 2008. ADDRESSES: You may submit comments identified by DOT Docket ID Number E:\FR\FM\05JNN1.SGM 05JNN1

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[Federal Register Volume 73, Number 109 (Thursday, June 5, 2008)]
[Notices]
[Page 32078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12584]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35143]


R.J. Corman Railroad Company/Pennsylvania Lines Inc.--Acquisition 
and Operation Exemption--Line of Norfolk Southern Railway Company

    R.J. Corman Railroad Company/Pennsylvania Lines Inc. (RJCP), a 
Class III rail carrier, has filed a verified notice of exemption under 
49 CFR 1150.41 to acquire by purchase from Norfolk Southern Railway 
Company (NS) \1\ a rail line extending between milepost 64.5 near 
Winburne, PA, and milepost 45.5 near Gillintown, PA, a distance of 
approximately 19 miles in Clearfield and Centre Counties, PA (the Snow 
Shoe Industrial Track).\2\
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    \1\ NS succeeded to Consolidated Rail Corporation's (Conrail) 
ownership of the subject line as a result of the merger proceeding 
in CSX Corp. et al.--Control--Conrail Inc. et al., 3 S.T.B. 196 
(1998).
    \2\ This proceeding also is related to STB Finance Docket No. 
35116, R.J. Corman Railroad Company/Pennsylvania Lines Inc.--
Construction and Operation Exemption--in Clearfield County, PA, in 
which RJCP seeks an exemption to construct and to operate over 
approximately 10.8 miles of abandoned Conrail right-of-way from 
Wallaceton Junction, at Conrail milepost 11.76, to Winburne, at 
milepost 64.5 (Conrail milepost 22.56), (the Western Segment), and 
to rebuild the track on a rail banked 9.3-mile portion of the Snow 
Shoe Industrial Track between milepost 64.5 near Winburne and 
milepost 55.2 near Gorton, PA (the Eastern Segment). RJCP takes the 
position that it does not need Board authority for construction with 
respect to the rail banked Eastern Segment and has filed a motion to 
dismiss that part of the construction petition for exemption that 
pertains to the Eastern Segment. The Western Segment connects at 
Wallaceton Junction with RJCP's existing rail line. Together, the 
Eastern and Western Segments would be operated by RJCP as the Beech 
Creek Branch Line.
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    RJCP intends to operate rail service over the Eastern Segment.\3\
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    \3\ A Certificate of Interim Trail Use or Abandonment (CITU) was 
issued for the entire 19 miles of the Snow Shoe Industrial Track in 
Conrail Abandonment of the Snow Shoe Industrial Track in Centre and 
Clearfield Counties, PA, Docket No. AB-167 (Sub-No. 1004N) (ICC 
served Nov. 5, 1993) and remains in place. The Headwaters Charitable 
Trust (HCT) has been using the rail banked right-of-way as a 
recreational trail on an interim basis. RJCP has concurrently filed 
a petition in STB Docket No. AB-167 (Sub-No. 1004N), seeking 
vacation of the CITU with respect to the Eastern Segment. With 
respect to the remaining portion of the Snow Shoe Industrial track, 
from milepost 55.2 to milepost 45.5, RJCP states that it intends to 
maintain the agreement with HCT to allow continued recreational 
trail use.
---------------------------------------------------------------------------

    Based on projected revenues for the line being acquired, RJCP 
expects to remain a Class III rail carrier after consummation of the 
proposed transaction. RJCP certifies that its projected annual revenues 
as a result of this transaction will not result in the creation of a 
Class II or Class I rail carrier.
    Because the projected annual revenues of the lines, together with 
RJCP's projected annual revenue, will exceed $5 million, RJCP is 
required, at least 60 days before an exemption is to become effective, 
to send notice of the transaction to the national and local offices of 
the labor unions with employees on the affected lines and post a copy 
of the notice at the workplace of the employees on the affected lines 
and certify to the Board that it has done so. 49 CFR 1150.42(e). 
However, RJCP has noted that there are no affected employees as there 
is no current rail line. Therefore, RJCP has filed for a waiver from 
the requirements of 49 CFR 1150.42(e). RJCP states in the waiver 
request that the track materials on the line have been removed, no rail 
operations have been conducted for at least 15 years, and no railroad 
workers have been employed on the line for at least the same period of 
time. RJCP's waiver request will be handled in a subsequent decision.
    The Board will establish in the decision on the waiver request the 
earliest this transaction may be consummated. RJCP states that it 
intends to consummate the transaction only following approval of RJCP's 
petition for exemption in STB Finance Docket No. 35116.
    If the 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. Petitions for stay 
must be filed no later than 7 days before the exemption becomes 
effective.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161 section 193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35143, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Ronald A. Lane, Fletcher & 
Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: May 30, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-12584 Filed 6-4-08; 8:45 am]
BILLING CODE 4915-01-P