[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Notices]
[Page 80512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31067]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35205]


US Rail Corporation--Lease and Operation Exemption--Winamac 
Southern Railway Company and Kokomo Grain Co., Inc.

    US Rail Corporation (US Rail), a Class III rail carrier, has filed 
a verified notice of exemption under 49 CFR 1150.41 to acquire by lease 
and to operate approximately 58.89 miles of rail lines \1\ owned by 
Winamac Southern Railway Company (WSRY) and Kokomo Grain Co., Inc., 
located in Indiana: (1) The Bringhurst Line, between milepost 50.1 at 
Bringhurst and milepost 71.5 at Van Jct. (Logansport); (2) the Kokomo 
Line, between milepost 74.5 at Eighteenth St. Yard (Logansport) and 
milepost 97.9 at Kokomo; (3) the Kokomo Belt Line, between milepost 0.0 
at E. Markland Ave. (Kokomo) and milepost 1.5 at S. Union St. (Kokomo); 
and (4) the Amboy Line, between milepost 147.07 at Amboy and milepost 
134.48 at Marion.\2\
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    \1\ Central Railroad Company of Indianapolis (CERA) currently 
operates the lines, but will no longer after December 31, 2008.
    \2\ A notice in this docket was originally filed on December 5, 
2008. On December 17, 2008, US Rail's representative filed a notice 
styled a ``corrected'' notice containing a number of revisions to 
the original notice. In response, the Board halted publication of 
the original notice scheduled for December 19, 2008. Because the 
sought revisions are not de minimis in nature, the corrected notice 
is being served and published as a new notice today.
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    Pursuant to the lease agreement, US Rail will also obtain 
incidental trackage rights over 3.0 miles of rail line owned by Toledo, 
Peoria & Western Railway Corp. (TPW), between milepost 71.5 at Van Jct. 
(Logansport) and milepost 74.5 at Eighteenth St. Yard (Logansport).\3\ 
US Rail will interchange traffic with: (1) NSR at Marion Goodman Yard 
and Clymers; (2) TPW at Logansport; and (3) CERA at Kokomo.
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    \3\ In Winamac Southern Railway Company--Trackage Rights 
Exemption--A. & R. Line, Inc., STB Finance Docket No. 35208 (STB 
served Dec. 24, 2008), WSRY obtained authority to operate pursuant 
to these same trackage rights to correct an earlier oversight.
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    US Rail certifies that its projected annual revenues as a result of 
the transaction will not exceed those that would qualify it as a Class 
III carrier and further certifies that its projected annual revenues 
will not exceed $5 million.
    The earliest this transaction may be consummated is January 16, 
2009, the effective date of the exemption (30 days after the corrected 
notice exemption was filed).
    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 for stay must be filed no later than January 9, 
2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35205, 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 Eric M. Hocky, 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: December 22, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E8-31067 Filed 12-30-08; 8:45 am]
BILLING CODE 4915-01-P