Piedmont & Atlantic Railroad Co., Inc., d/b/a/ Yadkin Valley Railroad Company-Acquisition and Operation Exemption-Norfolk Southern Railway Company, 54875 [E9-25512]

Download as PDF Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices CPrice-Sewell on DSKGBLS3C1PROD with NOTICES rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than November 12, 2009. Each trail use request must be accompanied by a $250 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to STB Docket No. AB– 1041X, and must be sent to: (1) Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001, and (2) Thomas F. McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 60604– 1112. Replies to DN’s petition are due on or before November 12, 2009. Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Public Assistance, Governmental Affairs and Compliance at (202) 245–0238 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board’s Section of Environmental Analysis (SEA) at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339. An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by SEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact SEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA generally will be within 30 days of its service. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: October 19, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–25503 Filed 10–22–09; 8:45 am] BILLING CODE 4915–01–P VerDate Nov<24>2008 15:24 Oct 22, 2009 Jkt 220001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35308] Piedmont & Atlantic Railroad Co., Inc., d/b/a/ Yadkin Valley Railroad Company—Acquisition and Operation Exemption—Norfolk Southern Railway Company Piedmont & Atlantic Railroad Co., Inc., d/b/a Yadkin Valley Railroad Company (YVRR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire, by purchase pursuant to an agreement it anticipates entering into with Norfolk Southern Railway Company (NS) (successor to Southern Railway Company), and to operate approximately 93 miles of rail lines as follows: (1) From milepost K–37.0 at Rural Hall, in Forsyth County, NC, to milepost K–100.2 at North Wilkesboro, in Wilkes County, NC; and (2) from milepost CF–0.0 at Mount Airy, in Surry County, NC, to milepost CF–29.8 at Rural Hall, in Forsyth County, NC.1 YVRR has subleased and operated these rail lines since March 1994.2 YVRR 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. YVRR states that it intends to consummate the transaction on or after November 7, 2009, but shall in no event consummate the transaction before the Board either grants its petition for waiver of the 60-day labor notice requirement or YVRR satisfies the applicable labor notice requirement at 49 CFR 1150.42(e).3 YVRR requests expedited action on its petition. 1 Laurinburg & Southern Railroad Company previously was authorized to lease these lines and YVRR was authorized to operate them in Laurinburg and Southern Railroad Company, et al.—Lease and Operation Exemption—Southern Railway Company, Finance Docket No. 31526 (ICC served Nov. 7, 1989). 2 See Piedmont & Atlantic Railroad Co., Inc.— Lease and Operation Exemption—L & S Holding Company d/b/a/Laurinburg & Southern Railroad Co. and Yadkin Valley Railroad Company, Finance Docket No. 32462 (ICC served Mar. 29, 1994). Also, in H. Peter and Linda C. Claussen—Continuance in Control Exemption—Piedmont & Atlantic Railroad Co., Inc., Finance Docket No. 32464, (ICC served Mar. 29, 1994), H. Peter and Linda C. Claussen were authorized to continue in control of Piedmont & Atlantic Railroad Co., Inc., once it became a Class III rail carrier. 3 On October 8, 2009, YVRR concurrently filed a certification of labor notice compliance and a petition for waiver of the 60-day advance labor notice requirement at 49 CFR 1150.42(e). That request will be addressed in a separate decision. Unless the Board grants the waiver request, the earliest this transaction may be consummated will be December 7, 2009. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 54875 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. Stay petitions must be filed no later than 7 days before the exemption becomes effective. Pursuant to the Consolidated Appropriations Act, 2008, Public Law No. 110–161, § 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. 35308, 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 RoseMichele Nardi, Esq., Weiner Brodsky Sidman Kider PC, 1300 19th Street, NW., Fifth Floor, Washington, DC 20036–1609. Board decisions and notices are available on our website at http:// www.stb.dot.gov. Decided: October 19, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–25512 Filed 10–22–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35035] Adrian & Blissfield Rail Road Company—Acquisition and Operation Exemption—Tecumseh Branch Connecting Railroad Company Adrian & Blissfield Rail Road Company (ADBF), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from Tecumseh Branch Connecting Railroad Company (TCBY) and to operate, approximately 1.3 miles of rail line between milepost 44.2 and milepost 45.5, in the City of Adrian, Lenawee County, MI. As a result of a transaction between ADBF and TCBY on November 19, 2001, E:\FR\FM\23OCN1.SGM 23OCN1

Agencies

[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Page 54875]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25512]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35308]


Piedmont & Atlantic Railroad Co., Inc., d/b/a/ Yadkin Valley 
Railroad Company--Acquisition and Operation Exemption--Norfolk Southern 
Railway Company

    Piedmont & Atlantic Railroad Co., Inc., d/b/a Yadkin Valley 
Railroad Company (YVRR), a Class III rail carrier, has filed a verified 
notice of exemption under 49 CFR 1150.41 to acquire, by purchase 
pursuant to an agreement it anticipates entering into with Norfolk 
Southern Railway Company (NS) (successor to Southern Railway Company), 
and to operate approximately 93 miles of rail lines as follows: (1) 
From milepost K-37.0 at Rural Hall, in Forsyth County, NC, to milepost 
K-100.2 at North Wilkesboro, in Wilkes County, NC; and (2) from 
milepost CF-0.0 at Mount Airy, in Surry County, NC, to milepost CF-29.8 
at Rural Hall, in Forsyth County, NC.\1\ YVRR has subleased and 
operated these rail lines since March 1994.\2\
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    \1\ Laurinburg & Southern Railroad Company previously was 
authorized to lease these lines and YVRR was authorized to operate 
them in Laurinburg and Southern Railroad Company, et al.--Lease and 
Operation Exemption--Southern Railway Company, Finance Docket No. 
31526 (ICC served Nov. 7, 1989).
    \2\ See Piedmont & Atlantic Railroad Co., Inc.--Lease and 
Operation Exemption--L & S Holding Company d/b/a/Laurinburg & 
Southern Railroad Co. and Yadkin Valley Railroad Company, Finance 
Docket No. 32462 (ICC served Mar. 29, 1994). Also, in H. Peter and 
Linda C. Claussen--Continuance in Control Exemption--Piedmont & 
Atlantic Railroad Co., Inc., Finance Docket No. 32464, (ICC served 
Mar. 29, 1994), H. Peter and Linda C. Claussen were authorized to 
continue in control of Piedmont & Atlantic Railroad Co., Inc., once 
it became a Class III rail carrier.
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    YVRR 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.
    YVRR states that it intends to consummate the transaction on or 
after November 7, 2009, but shall in no event consummate the 
transaction before the Board either grants its petition for waiver of 
the 60-day labor notice requirement or YVRR satisfies the applicable 
labor notice requirement at 49 CFR 1150.42(e).\3\ YVRR requests 
expedited action on its petition.
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    \3\ On October 8, 2009, YVRR concurrently filed a certification 
of labor notice compliance and a petition for waiver of the 60-day 
advance labor notice requirement at 49 CFR 1150.42(e). That request 
will be addressed in a separate decision. Unless the Board grants 
the waiver request, the earliest this transaction may be consummated 
will be December 7, 2009.
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    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. Stay petitions must be filed no later than 7 days before the 
exemption becomes effective.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
No. 110-161, Sec.  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. 35308, 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 Rose-Michele Nardi, Esq., 
Weiner Brodsky Sidman Kider PC, 1300 19th Street, NW., Fifth Floor, 
Washington, DC 20036-1609.
    Board decisions and notices are available on our website at http://www.stb.dot.gov.

    Decided: October 19, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-25512 Filed 10-22-09; 8:45 am]
BILLING CODE 4915-01-P