LRY, LLC D.B.A. Lake Railway-Lease and Operation Exemption-Rail Line in Lake County, OR, 67304 [E9-30102]
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Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Notices
Indian Tribal Governments; E.O. 11514
Protection and Enhancement of
Environmental Quality; E.O. 13112
Invasive Species.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139 (1)(1)
Issued on: December 10, 2009.
Clarence W. Coleman,
Preconstruction and Environmental Director,
Raleigh, North Carolina.
[FR Doc. E9–30118 Filed 12–17–09; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35250 (Sub-No.
1)]
LRY, LLC D.B.A. Lake Railway—Lease
and Operation Exemption—Rail Line in
Lake County, OR
sroberts on DSKD5P82C1PROD with NOTICES
LRY, LLC D.B.A. Lake Railway (LRY),
a noncarrier, has filed a verified notice
of exemption under 49 CFR 1150.31 to
lease from Lake County, OR (Lake
County), and to operate 54.45 miles of
railroad on the Lakeview Branch,
extending from milepost 458.60 at
Alturas, CA, to milepost 513.05, at
Lakeview, OR.1 That line had been
previously leased to Modoc Railway and
Land Company, LLC (MR&L), and
operated by Modoc Northern Railroad
Co (MNNR). According to LRY, Lake
County has terminated that lease and
filed an adverse discontinuance
application with the Board, which was
granted.2
This transaction is related to a
concurrently filed verified notice of
exemption in STB Finance Docket No.
35250, LRY, LLC D.B.A. Lake Railway—
Lease and Operation Exemption—Union
Pacific Railway Company, wherein LRY
seeks to lease and operate 62.21 miles
of UP’s lines of railroad, consisting of:
(1) Part of the Modoc Subdivision,
extending from milepost 445.6 near
MacArthur, CA, to milepost 506.1 near
Perez, CA; and (2) part of the Lakeview
1 The notice had stated that the line extended
from milepost 458.60 at Alturas, CA, to milepost
512.30, at Lakeview, OR, for a total distance of
53.70 miles. On December 14, 2009, LRY filed a
pleading amending its notice to reflect the correct
milepost and distance.
2 See Lake County, Oregon—Adverse
Discontinuance of Rail Service—Modoc Railway
and Land Company, LLC and Modoc Northern
Railroad Company, STB Docket No. AB–1035 (STB
served Nov. 17, 2009).
VerDate Nov<24>2008
17:33 Dec 17, 2009
Jkt 220001
Branch, extending from milepost 456.89
to milepost 458.60 at Alturas, CA.
The transaction cannot be
consummated until January 1, 2010, the
effective date of the exemption (30 days
after the exemption is filed).3
LRY certifies that, as a result of this
transaction, its projected revenues will
not exceed those that would quality it
as a Class III carrier.
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.
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 to stay must be
filed by no later than December 24, 2009
(at least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35250 (Sub-No. 1) must be
filed with the Surface Transportation
Board, 395 E Street, SW., Washington,
DC 20423–0001. In addition, a copy
must be served on James H. M. Savage,
Of Counsel, John D. Heffner, PLLC, 1750
K Street, NW., Suite 200, Washington,
DC 20006.
Board decisions and notices are
available on our Web site at ‘‘https://
www.stb.dot.gov.’’
Decided: December 15, 2009.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–30102 Filed 12–17–09; 8:45 am]
BILLING CODE 4915–01–P
3 LRY states in its notice that it plans to
commence operations on or after December 31,
2010.
PO 00000
Frm 00142
Fmt 4703
Sfmt 4703
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35250]
LRY, LLC D.B.A. Lake Railway—Lease
and Operation Exemption—Union
Pacific Railroad Company
LRY, LLC D.B.A. Lake Railway (LRY),
a noncarrier, has filed a verified notice
of exemption under 49 CFR 1150.31 to
lease from Union Pacific Railroad
Company (UP), and to operate 62.21
miles of UP’s lines of railroad,
consisting of: (1) Part of the Modoc
Subdivision, extending from milepost
445.6 near MacArthur, CA, to milepost
506.1 near Perez, CA; and (2) part of the
Lakeview Branch, extending from
milepost 456.89 to milepost 458.60 at
Alturas, CA (the lines).
This transaction is related to a
concurrently filed verified notice of
exemption in STB Finance Docket No.
35250 (Sub-No. 1), LRY, LLC D.B.A.
Lake Railway—Lease and Operation
Exemption—Rail Line in Lake County,
OR, wherein LRY seeks to lease and
operate 54.45 miles of railroad on the
Lakeview Branch, owned by Lake
County, OR, extending from milepost
458.6 at Alturas, to milepost 513.05, at
Lakeview, OR. The lines involved
herein, and the line involved in the
(Sub-No. 1) proceeding had been
previously leased to Modoc Railway and
Land Company, LLC (MR&L), and
operated by Modoc Northern Railroad
Co. (MNRR). UP has terminated the
lease with MR&L and MNRR and plans
to file for adverse discontinuance
authority for MNRR from the Board.
The transaction cannot be
consummated until January 1, 2010, the
effective date of the exemption (30 days
after the exemption is filed).1
LRY certifies that, as a result of this
transaction, its projected revenues will
not exceed those that would qualify it
as a Class III carrier.
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.
1 LRY states in its notice that it plans to
commence operations on or after December 31,
2009.
E:\FR\FM\18DEN1.SGM
18DEN1
]]>Agencies
[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Page 67304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30102]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35250 (Sub-No. 1)]
LRY, LLC D.B.A. Lake Railway--Lease and Operation Exemption--Rail
Line in Lake County, OR
LRY, LLC D.B.A. Lake Railway (LRY), a noncarrier, has filed a
verified notice of exemption under 49 CFR 1150.31 to lease from Lake
County, OR (Lake County), and to operate 54.45 miles of railroad on the
Lakeview Branch, extending from milepost 458.60 at Alturas, CA, to
milepost 513.05, at Lakeview, OR.\1\ That line had been previously
leased to Modoc Railway and Land Company, LLC (MR&L), and operated by
Modoc Northern Railroad Co (MNNR). According to LRY, Lake County has
terminated that lease and filed an adverse discontinuance application
with the Board, which was granted.\2\
---------------------------------------------------------------------------
\1\ The notice had stated that the line extended from milepost
458.60 at Alturas, CA, to milepost 512.30, at Lakeview, OR, for a
total distance of 53.70 miles. On December 14, 2009, LRY filed a
pleading amending its notice to reflect the correct milepost and
distance.
\2\ See Lake County, Oregon--Adverse Discontinuance of Rail
Service--Modoc Railway and Land Company, LLC and Modoc Northern
Railroad Company, STB Docket No. AB-1035 (STB served Nov. 17, 2009).
---------------------------------------------------------------------------
This transaction is related to a concurrently filed verified notice
of exemption in STB Finance Docket No. 35250, LRY, LLC D.B.A. Lake
Railway--Lease and Operation Exemption--Union Pacific Railway Company,
wherein LRY seeks to lease and operate 62.21 miles of UP's lines of
railroad, consisting of: (1) Part of the Modoc Subdivision, extending
from milepost 445.6 near MacArthur, CA, to milepost 506.1 near Perez,
CA; and (2) part of the Lakeview Branch, extending from milepost 456.89
to milepost 458.60 at Alturas, CA.
The transaction cannot be consummated until January 1, 2010, the
effective date of the exemption (30 days after the exemption is
filed).\3\
---------------------------------------------------------------------------
\3\ LRY states in its notice that it plans to commence
operations on or after December 31, 2010.
---------------------------------------------------------------------------
LRY certifies that, as a result of this transaction, its projected
revenues will not exceed those that would quality it as a Class III
carrier.
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.
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 to stay must be filed by no later than December
24, 2009 (at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 35250 (Sub-No. 1) must be filed with the Surface
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In
addition, a copy must be served on James H. M. Savage, Of Counsel, John
D. Heffner, PLLC, 1750 K Street, NW., Suite 200, Washington, DC 20006.
Board decisions and notices are available on our Web site at
``https://www.stb.dot.gov.''
Decided: December 15, 2009.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-30102 Filed 12-17-09; 8:45 am]
BILLING CODE 4915-01-P
