[Federal Register Volume 69, Number 98 (Thursday, May 20, 2004)]
[Notices]
[Page 29166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11327]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34501]


James Riffin d/b/a The Northern Central Railroad--Acquisition and 
Operation Exemption--in York County, PA

    James Riffin d/b/a The Northern Central Railroad (NCR), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire from the Commissioners of York County, PA, and 
operate approximately 19 miles of rail line, known as USRA Line 145, 
between milepost 35.6 (at or near the Maryland/Pennsylvania line) and 
milepost 54.6 (Hyde), in York County, PA. NCR proposes to interchange 
with the Genesee and Wyoming Railroad.
    NCR certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier and states that such revenues will not exceed $5 
million annually. NCR intends to commence these activities within 90 
days from the date the notice of exemption was filed (April 28, 2004).
    This notice is applicant's second attempt to acquire similar 
authority. In James Riffin d/b/a The Northern Central Railroad-
Acquisition and Operation Exemption-in York County, PA and Baltimore 
County, MD, STB Finance Docket No. 34484 (STB served and published in 
the Federal Register Apr. 7, 2004) (69 FR 18420), applicant sought 
authorization to acquire two line segments in Baltimore County, MD, in 
addition to a slightly longer version of the line involved herein. 
However, in a decision in that proceeding served on April 20, 2004, the 
Board revoked the exemption stating that issues raised by the State of 
Maryland could not be answered under the expedited ``class exemption'' 
process. NCR was advised that if it sought to pursue the matter it 
should provide more detailed information in the form of an individual 
exemption petition under 49 U.S.C. 10502 and 49 CFR 1121, or a full 
application under 49 U.S.C. 10901 and 49 CFR 1150, as those procedures 
are designed to elicit a more complete record. NCR instead chose to 
file this notice for the necessary authority to acquire and operate the 
described line in York County in the event that it is able to reach an 
agreement with the Commissioners of York County for that acquisition.
    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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34501, 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 James Riffin, 1941 Greenspring 
Drive, Timonium, MD 21093.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 13, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
 Vernon A. Williams,
Secretary.
[FR Doc. 04-11327 Filed 5-19-04; 8:45 am]
BILLING CODE 4915-01-P