[Federal Register Volume 68, Number 90 (Friday, May 9, 2003)]
[Notices]
[Pages 25084-25085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11481]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34334]


Lancaster and Chester Railway Company--Acquisition and Operation 
Exemption--Norfolk Southern Railway Company

    Lancaster and Chester Railway Company (L&C), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to acquire from Norfolk Southern Railway Company (NS) approximately 
30.8 miles of rail line in Kershaw and Lancaster Counties, SC. The line 
extends from approximately milepost SB-58.7, at Kershaw, to 
approximately milepost SB-89.5, at Catawba, SC. The line connects to 
L&C's existing rail line at L&C Chester District Connection, at 
approximately milepost SB-76.4, near Lancaster. L&C currently operates 
the subject line under a lease from NSR.\1\
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    \1\ L&C leases the line pursuant to a notice of exemption in 
Lancaster and Chester Railway Company--Lease and Operation 
Exemption--Norfolk Southern Railway Company, STB Finance Docket No. 
33969 served and published in the Federal Register on February 7, 
2001 (66 FR 9410).
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    L&C certifies that its projected revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier.\2\
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    \2\ In a decision served on April 28, 2003, the Board granted 
L&C's request to waive the labor notice requirements of 49 CFR 
1150.42(e). The Board noted that no NS employees have worked on the 
line for more than 2 years, and that, when L&C leased the line, 
required notice was sent to national offices of all labor unions 
representing employees on the line and was posted at the workplace 
of employees on the line in compliance with 49 CFR 1150.42(e).
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    L&C states that it expects to consummate the transaction: (1) By 
the end of April 2003, but not before the Board renders its decision on 
the petition for waiver; (2) if it satisfies the requirements under CFR 
1150.42(e); or (3) on April 21, 2003 (7 days after the exemption was 
filed). As a result of the waiver of the labor notice requirements, the 
exemption in this proceeding was effective on April 28, 2003.
    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)

[[Page 25085]]

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. 34334, must be filed with the Surface Transportation 
Board, 1925 K Street NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Rose-Michele Weinryb, 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: May 5, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-11481 Filed 5-8-03; 8:45 am]
BILLING CODE 4915-00-P