[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Notices]
[Page 48011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18867]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35170]


Landisville Railroad, LLC--Acquisition and Operation Exemption--
The Landisville Railroad Inc. and Landisville Terminal & Transfer 
Company

    Landisville Railroad, LLC (LRR), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire from Landisville 
Railroad, Inc. (LRI), and operate approximately 1.92 miles of rail line 
between milepost 30.77 at the connection to Norfolk 
Southern Railway (NSR) on National Railroad Passenger Corporation's 
(Amtrak's) Harrisburg Line and milepost 32.69 at the end of 
track south of Nolt Road and north of Stony Battery Road, in West 
Hempfield, Lancaster County, PA.\1\
---------------------------------------------------------------------------

    \1\ On August 4, 2008, LRR filed a correction to its verified 
notice of exemption filed on July 31, 2008, amending the description 
of the line to reflect that the acquired line ends at milepost 
32.69 instead of milepost 33.75.
---------------------------------------------------------------------------

    The line is currently operated by Landisville Terminal & Transfer 
Company (LT&T). LLR states that, as a result of this transaction, LT&T 
will terminate its current lease of the line and assign all of its 
rights to the line to LRR.\2\ LRR states that, after consummation, it 
will be the owner and operator of the rail line.\3\
---------------------------------------------------------------------------

    \2\ LRR clarified, in its correction, that LT&T is not being 
acquired by LRR.
    \3\ LRR states that it is also acquiring an adjacent rail yard 
that is owned by Amherst Industries of Pennsylvania, Inc., a 
corporate affiliate of LRI, and operated by LT&T, but further states 
that, pursuant to 49 U.S.C. 10906, this acquisition of yard track 
does not require authorization of the Board.
---------------------------------------------------------------------------

    According to LRR, it will interchange with NSR at Landisville, PA, 
and that there are no existing interchange commitments with NSR as the 
third-party connecting carrier, and none are contemplated by this 
transaction.
    The effective date of the exemption is August 30, 2008. The 
transaction is scheduled to be consummated on or after August 31, 2008 
(more than 30 days after the notice of exemption was filed).\4\
---------------------------------------------------------------------------

    \4\ LRR states that the terms of the agreement between LRRR, LRI 
and LT&T are being finalized and that it expects to enter into an 
agreement on or after August 31, 2008.
---------------------------------------------------------------------------

    LRR certifies that its projected annual revenues as a result of 
this transaction will not exceed those that qualify it as a Class III 
rail carrier.
    Pursuant to the Consolidated Appropriations Act, 2008, Pub. L. No. 
110-161, Sec.  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.
    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 effectiveness of the 
exemption. Petitions to stay must be filed no later than August 22, 
2008 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35170 must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy must be served on Eric M. Hocky, Thorp Reed & Armstrong, LLP, One 
Commerce Square, 2005 Market Street, Suite 1910, Philadelphia, PA 
19103.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 8, 2008.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-18867 Filed 8-14-08; 8:45 am]
BILLING CODE 4915-01-P