[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Page 76724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21614]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34954]


Commonwealth Railway, Inc.--Acquisition and Operation Exemption--
Norfolk Southern Railway Company

    Commonwealth Railway, Inc. (CWRY), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire 
and operate approximately 12.5 miles of rail line owned by Norfolk 
Southern Railway Company (NS) between milepost F-4.0 and milepost F-
16.5 near Portsmouth, VA. CWRY currently operates the subject line 
pursuant to a lease with an option to purchase from NS (as the 
successor to Norfolk and Western Railway Company).\1\ CWRY states that 
it has agreed to grant NS and CSX Transportation, Inc. (CSXT) trackage 
rights over a portion of the subject line between milepost F-16.5 and 
approximately milepost F-9.9 to allow each connecting carrier equal 
access to CWRY and the rail line.\2\
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    \1\ See Commonwealth Railway Incorporated--Lease, Operation, and 
Acquisition Exemption--Rail Lines in Portsmouth, Chesapeake, and 
Suffolk, VA, Finance Docket No. 31528 (ICC served Sept. 8, 1989). As 
part of that transaction, CWRY also acquired a 3.92-mile line of 
railroad between milepost F-0.8 and milepost F-4.0.
    \2\ According to CWRY, both NS and CSXT will seek the Board's 
approval for the trackage rights in separate filings.
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    CWRY 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, and that its projected annual revenues will not exceed $5 
million. CWRY states that the parties intend to consummate the 
transaction after November 28, 2006 (the effective date of the 
exemption).
    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. 34954, 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: Eric M. Hocky, Four Penn 
Center, Suite 200, 1600 John F. Kennedy Blvd., Philadelphia, PA 19103-
2808.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 12, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-21614 Filed 12-20-06; 8:45 am]
BILLING CODE 4915-01-P