[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Notices]
[Pages 67572-67573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27045]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35192]


Lehigh Railway, LLC.--Lease and Operation Exemption--Norfolk 
Southern Railway Company

    Lehigh Railway, LLC. (LRWY), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to lease from Norfolk Southern 
Railway Company (NSR) and operate approximately 56.0 miles of NSR's 
rail line (the Line), extending between approximately milepost IS 
269.5, at Athens, PA, and approximately milepost IS 213.5, at 
Mehoopany, PA, in Bradford and Wyoming counties, PA.\1\ The line also 
includes any sidings, sidetracks, yards or facilities presently owned 
by NSR that are accessed via the line. NSR will also grant LRWY 
operating rights to certain designated track north of milepost IS 269.5 
extending into Sayre, PA, solely for interchange with NSR.\2\
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    \1\ The line does not connect with the Southern Tier, owned and 
operated by NSR.
    \2\ The line does not include properties south of milepost IS 
213.5 which have been leased by NSR to the Reading, Blue Mountain, 
and Northern Railroad and to Proctor and Gamble Corporation at 
Mehoopany since 2001. If these properties revert back to the control 
of NSR during the term of the lease, NSR may, at its option, and 
subject to the approval of the Surface Transportation Board, if 
required, elect to assign the property or properties at Mehoopany to 
the lease.
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    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35193, Steven C. May--
Continuance in Control Exemption--Lehigh Railway,

[[Page 67573]]

LLC. In that proceeding, Steven C. May, has filed a verified notice of 
exemption to continue in control of LRWY upon LRWY's becoming a Class 
III rail carrier.
    LRWY certifies that its projected annual revenues as a result of 
the transaction will not result in LRWY becoming 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 on or soon after 
November 29, 2008, the effective date of the exemption.
    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.
    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 for stay must be filed no later than November 21, 
2008 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35192, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Janie Sheng, K&L Gates LLP, 
1601 K Street, NW., Washington, DC 20006.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 7, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeff Herzig,
Clearance Clerk.
[FR Doc. E8-27045 Filed 11-13-08; 8:45 am]
BILLING CODE 4915-01-P