[Federal Register Volume 68, Number 61 (Monday, March 31, 2003)]
[Notices]
[Page 15554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7679]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34293]


Metro-North Commuter Railroad Company-Acquisition and Operation 
Exemption-Line of Norfolk Southern Railway Company and Pennsylvania 
Lines LLC

    Metro-North Commuter Railroad Company (Metro-North),\1\ a 
noncarrier, has filed a notice of exemption under 49 CFR 1150.31 to 
acquire through a sublease from Norfolk Southern Railway Company (NSR) 
and operate a rail line owned by Pennsylvania Lines LLC (PRR) and 
leased and operated by NSR: (1) Between approximately milepost JS-31.3 
at Suffern, NY, and approximately milepost JS-76.6 at CP-Howells, NY; 
and (2) between approximately milepost SR-68.7 (equals JS-76.6) at CP-
Howells, NY, and approximately milepost SR-89.9 at Port Jervis, NY.\2\ 
The total distance of the line is approximately 66.5 miles and it 
traverses Orange and Rockland Counties, NY.\3\
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    \1\ Metro-North, a subsidiary of Metropolitan Transportation 
Authority, provides mass transportation for commuters in the States 
of New York and Connecticut. It has been providing passenger service 
over the line since 1983 pursuant to a trackage rights agreement. 
That agreement will be replaced by a new sublease and operations 
agreement, pursuant to which Metro-North will continue to conduct 
passenger operations and NSR will continue to conduct freight 
operations on the line.
    \2\ The line is a continuous line of railroad between Suffern 
and Port Jervis, that is sometimes referred to as the Port Jervis 
Line.
    \3\ On March 5, 2003, Metro-North filed a motion to dismiss its 
notice of exemption in this case to obtain a jurisdictional 
determination regarding its prospective common carrier status with 
respect to the line. That motion will be addressed in a subsequent 
decision.
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    The transaction was scheduled to be consummated on February 28, 
2003.
    If the notice contains false or misleading information, the 
exemption is void ab initio. Petitions to reopen the proceeding 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. 34293, 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 Kevin M. Sheys, Esq., 
Kirkpatrick & Lockhart LLP, 1800 Massachusetts Ave., NW., 2nd Floor, 
Washington, DC 20036-1800.
    Board decisions and notices are available on our website at 
``http://www.stb.dot.gov.''

    Decided: March 11, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-7679 Filed 3-28-03; 8:45 am]
BILLING CODE 4915-00-P