[Federal Register Volume 70, Number 13 (Friday, January 21, 2005)]
[Notices]
[Page 3258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1110]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34642]


Locust Valley Coal Company d/b/a Locust Valley Line--Acquisition 
Exemption--Rail Lines in Schuykill County, PA

    Locust Valley Coal Company d/b/a Locust Valley Line (Locust 
Valley), a noncarrier, has filed a verified notice of exemption under 
49 CFR 1150.31 to acquire approximately 5 miles of rail line owned by 
Locust Valley, between milepost 0.0, at Laurel Jct. (also known as 
Maria Jct.) in Delano Township, and milepost 5.5, beyond Newton Jct., 
south of Mahanoy City, in Schuykill County, PA. Locust Valley states 
that the line is currently out of service and there is no operator for 
the line at this time.\1\ However, Locust Valley is in the process of 
rehabilitating the rail line for service, and developing and marketing 
the adjacent property along the line to potential shippers. Locust 
Valley also states that it does not intend to operate the line, but 
that it intends to lease the rail line to an existing Class III carrier 
which will provide common carrier service over the subject line.\2\
---------------------------------------------------------------------------

    \1\ It appears that the line has been out of service for many 
years and was never abandoned. According to Locust, service has been 
provided over a 1-mile section near Laurel Jct., as a spur to serve 
one customer.
    \2\ According to Locust Valley, a request for authority to lease 
and operate the line will be filed separately with the Board prior 
to restoration of service. Locust Valley states that at that time it 
will have a residual common carrier obligation only.
---------------------------------------------------------------------------

    Locust Valley certifies that its projected annual revenues will not 
exceed those that would qualify it as a Class III rail carrier and that 
its annual revenues are not projected to exceed $5 million.
    Consummation of the transaction was scheduled to take place on or 
after December 30, 2004, the effective date of the exemption (7 days 
after the exemption was filed).
    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) 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. 34642, 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 Eric M. Hocky, Esquire, 
Gollatz, Griffin & Ewing, P.C., Four Penn Center, Suite 200, 1600 John 
F. Kennedy Blvd., Philadelphia, PA 19103-2808.
    Board decisions and notices are available on the Board's website at 
``http://www.stb.dot.gov.''

    Decided: January 12, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-1110 Filed 1-19-05; 8:45 am]
BILLING CODE 4915-01-P