[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Notices]
[Page 41181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19433]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35284]


S&S Shortline Leasing, LLC--Operation Exemption--City of Ely, NV 
and White Pine Historical Railroad Foundation

    S&S Shortline Leasing, LLC (S&S), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to operate 
approximately 127.9 miles of rail line owned by the City of Ely (City) 
and the White Pine Historical Railroad Foundation, (Foundation), 
between milepost 0.0 at or near Cobre, and milepost 127.9 at or near 
McGill Junction, in White Pine and Elko Counties, NV.\1\ S&S states 
that the line connects at two points with Union Pacific Railroad 
Company (UP) (milepost 0.0 at Cobre (former Southern Pacific) and 
milepost 18.79 at Shafter (former Western Pacific).\2\
---------------------------------------------------------------------------

    \1\ This segment of railroad is the remaining part of a main 
line consisting of approximately 156.7 miles, also owned by the City 
and the Foundation. Great Basin and Northern Railroad was authorized 
to operate over approximately 28.8 miles of the main line in Great 
Basin and Northern Railroad--Change in Operators Exemption--The City 
of Ely and the White Pine Historical Railroad Foundation, STB 
Finance Docket No. 34506 (STB served June 7, 2004). S&S seeks to 
operate over the remainder.
    \2\ S&S states that interchange with UP will initially take 
place at Shafter because the trackage used for interchange at that 
location is in better condition than the trackage at Cobre.
---------------------------------------------------------------------------

    The transaction is expected to be consummated on or after August 
30, 2009.
    S&S certifies that its projected annual revenues as a result of the 
transaction will not result in S&S 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 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 August 21, 
2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35284, 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 Thomas F. McFarland, 208 South 
LaSalle St., Suite 1890, Chicago, IL 60604.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: August 10, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-19433 Filed 8-13-09; 8:45 am]
BILLING CODE 4915-01-P