[Federal Register Volume 73, Number 109 (Thursday, June 5, 2008)]
[Notices]
[Page 32078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12584]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35143]


R.J. Corman Railroad Company/Pennsylvania Lines Inc.--Acquisition 
and Operation Exemption--Line of Norfolk Southern Railway Company

    R.J. Corman Railroad Company/Pennsylvania Lines Inc. (RJCP), a 
Class III rail carrier, has filed a verified notice of exemption under 
49 CFR 1150.41 to acquire by purchase from Norfolk Southern Railway 
Company (NS) \1\ a rail line extending between milepost 64.5 near 
Winburne, PA, and milepost 45.5 near Gillintown, PA, a distance of 
approximately 19 miles in Clearfield and Centre Counties, PA (the Snow 
Shoe Industrial Track).\2\
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    \1\ NS succeeded to Consolidated Rail Corporation's (Conrail) 
ownership of the subject line as a result of the merger proceeding 
in CSX Corp. et al.--Control--Conrail Inc. et al., 3 S.T.B. 196 
(1998).
    \2\ This proceeding also is related to STB Finance Docket No. 
35116, R.J. Corman Railroad Company/Pennsylvania Lines Inc.--
Construction and Operation Exemption--in Clearfield County, PA, in 
which RJCP seeks an exemption to construct and to operate over 
approximately 10.8 miles of abandoned Conrail right-of-way from 
Wallaceton Junction, at Conrail milepost 11.76, to Winburne, at 
milepost 64.5 (Conrail milepost 22.56), (the Western Segment), and 
to rebuild the track on a rail banked 9.3-mile portion of the Snow 
Shoe Industrial Track between milepost 64.5 near Winburne and 
milepost 55.2 near Gorton, PA (the Eastern Segment). RJCP takes the 
position that it does not need Board authority for construction with 
respect to the rail banked Eastern Segment and has filed a motion to 
dismiss that part of the construction petition for exemption that 
pertains to the Eastern Segment. The Western Segment connects at 
Wallaceton Junction with RJCP's existing rail line. Together, the 
Eastern and Western Segments would be operated by RJCP as the Beech 
Creek Branch Line.
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    RJCP intends to operate rail service over the Eastern Segment.\3\
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    \3\ A Certificate of Interim Trail Use or Abandonment (CITU) was 
issued for the entire 19 miles of the Snow Shoe Industrial Track in 
Conrail Abandonment of the Snow Shoe Industrial Track in Centre and 
Clearfield Counties, PA, Docket No. AB-167 (Sub-No. 1004N) (ICC 
served Nov. 5, 1993) and remains in place. The Headwaters Charitable 
Trust (HCT) has been using the rail banked right-of-way as a 
recreational trail on an interim basis. RJCP has concurrently filed 
a petition in STB Docket No. AB-167 (Sub-No. 1004N), seeking 
vacation of the CITU with respect to the Eastern Segment. With 
respect to the remaining portion of the Snow Shoe Industrial track, 
from milepost 55.2 to milepost 45.5, RJCP states that it intends to 
maintain the agreement with HCT to allow continued recreational 
trail use.
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    Based on projected revenues for the line being acquired, RJCP 
expects to remain a Class III rail carrier after consummation of the 
proposed transaction. RJCP certifies that its projected annual revenues 
as a result of this transaction will not result in the creation of a 
Class II or Class I rail carrier.
    Because the projected annual revenues of the lines, together with 
RJCP's projected annual revenue, will exceed $5 million, RJCP is 
required, at least 60 days before an exemption is to become effective, 
to send notice of the transaction to the national and local offices of 
the labor unions with employees on the affected lines and post a copy 
of the notice at the workplace of the employees on the affected lines 
and certify to the Board that it has done so. 49 CFR 1150.42(e). 
However, RJCP has noted that there are no affected employees as there 
is no current rail line. Therefore, RJCP has filed for a waiver from 
the requirements of 49 CFR 1150.42(e). RJCP states in the waiver 
request that the track materials on the line have been removed, no rail 
operations have been conducted for at least 15 years, and no railroad 
workers have been employed on the line for at least the same period of 
time. RJCP's waiver request will be handled in a subsequent decision.
    The Board will establish in the decision on the waiver request the 
earliest this transaction may be consummated. RJCP states that it 
intends to consummate the transaction only following approval of RJCP's 
petition for exemption in STB Finance Docket No. 35116.
    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. Petitions for stay 
must be filed no later than 7 days before the exemption becomes 
effective.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161 section 193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35143, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Ronald A. Lane, Fletcher & 
Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 30, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-12584 Filed 6-4-08; 8:45 am]
BILLING CODE 4915-01-P