[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Pages 11995-11996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5783]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35227]


Middletown and New Jersey Railroad, LLC--Acquisition and 
Operation Exemption--Middletown & New Jersey Railway Co., Inc.

    Middletown and New Jersey Railroad, LLC (Middletown), a noncarrier, 
has filed a verified notice of exemption under 49 CFR 1150.31 to 
acquire and operate 6.5 miles of rail line owned by Middletown & New 
Jersey Railway Co., Inc., between milepost 0.0 at Middletown, NY, and 
milepost 6.5 at Slate Hill, NY.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35228, Regional Rail, LLC.--
Continuance in Control Exemption--Middletown and New Jersey Railroad, 
LLC., wherein Regional Rail, LLC seeks to continue in control of 
Middletown, upon Middletown becoming a Class III rail carrier.
    The transaction is expected to be consummated on or shortly after 
April 5, 2009 (the effective date of the exemption).
    Middletown certifies that its projected annual revenues as a result 
of the transaction will not result in its becoming a Class II or Class 
I rail carrier and further certifies that its projected annual revenue 
will not exceed $5 million.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
No. 110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any

[[Page 11996]]

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 March 27, 
2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35227, 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 Karl Morell, 1455 F Street, 
NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: March 12, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-5783 Filed 3-19-09; 8:45 am]
BILLING CODE 4915-01-P