[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Notices]
[Pages 62383-62384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28430]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35310]


U S Rail Corporation of New Jersey--Lease Exemption--County of 
Salem, NJ

    U S Rail Corporation of New Jersey (U S RCNJ), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to lease from 
the County of Salem, NJ (County), approximately 17.24 miles of the 
County's rail line (the Line), extending between milepost 10.86 in 
Swedesboro, NJ, and milepost 28.10 in Salem, NJ.\1\
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    \1\ U S RCNJ is contracting with its affiliate U S Rail 
Corporation (USRP) to perform the operations on the line, with U S 
RCNJ retaining a residual common carrier obligation.
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    This transaction is related to the concurrently filed verified 
notices of exemption in: (1) STB Finance Docket No. 35317, U S Rail 
Corporation--Operation Exemption--U S Rail Corporation of New Jersey, 
whereby USRP has filed a verified notice of exemption to operate the 
line; and (2) STB Finance Docket No. 35318, Gabriel D. Hall--
Continuance in Control--U S Rail Corporation of New Jersey, whereby 
Gabriel D. Hall has filed a verified notice of exemption to continue in 
control of U S RCNJ upon U S RCNJ becoming a Class III rail carrier.
    U S RCNJ certifies that its projected annual revenues as a result 
of the

[[Page 62384]]

transaction will not result in U S RCNJ 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 after December 
12, 2009, the effective date of the exemption (30 days after the 
exemption was filed).
    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 December 4, 
2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35310, 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, Thorp Reed & 
Armstrong, LLP, One Commerce Square, 2005 Market Street, Suite 1000, 
Philadelphia, PA 19103.
    Board decisions and notices are available on our Web site at: 
http://www.stb.dot.gov.

    Decided November 23, 2009.

    By the Board.
 Rachel D. Campbell,
Director, Office of Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-28430 Filed 11-25-09; 8:45 am]
BILLING CODE 4915-01-P