[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Notices]
[Page 61931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24629]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35132]


Pennsylvania Northeast Regional Railroad Authority--Acquisition 
Exemption--in Monroe and Northampton Counties, PA

    Pennsylvania Northeast Regional Railroad Authority (PNRRA), a 
political subdivision and non-operating Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire an 
ownership interest in 10.6 miles of rail line from Norfolk Southern 
Railway Company (NSR). The line extends between milepost 2.0 
(approximately old milepost 74) at Slate and milepost 12.2 
(approximately old milepost 84.6),\1\ in Monroe and Northampton 
Counties, PA.\2\ The transaction is subject to retention of overhead 
trackage rights by NSR.
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    \1\ Although the route miles to be acquired would appear to be 
10.2 miles based on current mileposts, PNRRA states that 
investigation has confirmed that the actual mileage to be acquired 
is 10.6 miles, consistent with the old milepost designations.
    \2\ PNRRA owns approximately 82 miles of rail line in 
Lackawanna, Monroe, and Wayne Counties, PA. The lines are operated 
by Delaware-Lackawanna Railroad Co. pursuant to a contract with 
PNRRA.
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    PNRRA 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 and further certifies that its projected annual revenues 
will not exceed $5 million.
    The transaction is expected to be consummated in phases on or after 
November 3, 2008.
    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 October 24, 2008 (at least 7 days before 
the exemption becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35132, 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 Keith G. O'Brien, 2401 
Pennsylvania Ave., NW., Ste. 300, Washington, DC 20037.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: October 8, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-24629 Filed 10-16-08; 8:45 am]
BILLING CODE 4915-01-P