[Federal Register Volume 70, Number 47 (Friday, March 11, 2005)]
[Notices]
[Pages 12267-12268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4833]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34653]


Appalachian & Ohio Railroad, Inc.--Lease and Operation 
Exemption--CSX Transportation, Inc.

    Appalachian & Ohio Railroad, Inc. (AO), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease, from CSX 
Transportation, Inc. (CSXT), and operate approximately 158.22 miles of 
rail line extending between: (1) milepost BUC 0.0, at Berkeley Run 
Jct., WV, and milepost BUC 119.0, at Cowen, WV; (2) milepost BUN 0.0, 
at Berryburg Jct., WV, and milepost BUN 4.0, at the Sentinel Mine near 
Berryburg Jct.; (3) milepost BUO 0.0, at Century Jct., WV, and milepost 
BUO 5.05, at the Century Mine, near Century Jct.; (4) milepost BUJ 0.0, 
at Buckhannon, WV, and milepost BUJ 1.65, near Buckhannon; (5) milepost 
BUF 0.0, at Burnsville, WV, and milepost BUF 6.2, at Gilmer, WV; (6) 
milepost BUR 0.0, at Cowen, and milepost BUR 1.0, near Cowen; (7) 
milepost BUH 0.0, at Hampton Jct., WV, and milepost BUH 17.0, at 
Alexander, WV; and (8) milepost BTF 0.0, at Island Creek Jct., WV, and 
milepost BTF 4.32, near Island Creek Jct.
    AO certifies that its projected revenues as a result of this 
transaction will not exceed those that would qualify it as a Class III 
rail carrier. However, because its projected annual revenues will 
exceed $5 million, AO also certifies that it has complied with the 
posting and service requirements of 49 CFR 1150.32(e). In accordance 
with that section, the transaction cannot be consummated before March 
22, 2005, the effective date of the exemption. The transaction is 
scheduled to be consummated on or shortly after March 25, 2005.
    This transaction is related to STB Finance Docket No. 34654, Watco 
Companies, Inc.--Continunance in Control Exemption--Appalachian & Ohio 
Railroad, Inc., wherein Watco Companies, Inc., has concurrently filed a 
verified notice of exemption to continue in control of AO upon its 
becoming a carrier.
    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. 34653, must be filed with

[[Page 12268]]

the Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on Karl 
Morell, Of Counsel, Ball Janik LLP, 1455 F Street, NW., Suite 225, 
Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: March 7, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-4833 Filed 3-10-05; 8:45 am]
BILLING CODE 4915-01-P