[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Notices]
[Page 21431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10550]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35226]


Buckingham Branch Railroad Company--Change in Operator 
Exemption--Rail Line in Nottoway, Lunenburg, Charlotte and Mecklenberg 
Counties, VA

    Buckingham Branch Railroad Company (BB), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to change 
operators from Virginia Southern Railroad Division, Northern Carolina & 
Virginia Railroad, Inc. (NCVA) to BB over 56.9 miles of rail line (the 
Keysville Line) owned by Norfolk Southern Railway Company (NSR). The 
line extends between milepost F84.8, near Burkeville, and milepost 
F65.8, near Keysville, and between milepost D0.0, near Keysville, and 
milepost D37.9, near Clarksville, in Nottoway, Lunenburg, Charlotte and 
Mecklenberg Counties, VA.
    NSR and BB have reached an agreement under which BB will lease and 
operate the Keysville Line. BB will accept transfer and/or assignment 
of NCVA's common carrier obligations.
    BB certifies that its projected annual revenue as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier. However, because its projected annual revenues will 
exceed $5 million, BB also certifies that it has complied with the 
notice requirements of 49 CFR 1150.42(e).
    The transaction is expected to be consummated on or after May 23, 
2009, 60 days after BB's certification of the notice requirements of 
section 1150.42(e).
    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 does not automatically stay the transaction. Petitions for stay 
must be filed no later than May 15, 2009 (at least 7 days before the 
exemption becomes effective).
    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 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. 35226, 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 Keith G. O'Brien, Baker and 
Miller PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 
20037.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: May 4, 2009.

    By the Board,
Rachel D. Campbell,
Director, Office of Proceedings
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-10550 Filed 5-6-09; 8:45 am]
BILLING CODE 4915-01-P