[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Notices]
[Page 62385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28433]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35317]


U S Rail Corporation--Operation Exemption--U S Rail Corporation 
of New Jersey

    U S Rail Corporation (USRP), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to operate 
approximately 17.24 miles of rail line between milepost 10.86 in 
Swedesboro, NJ, and milepost 28.10 in Salem, NJ. The rail line is owned 
by the County of Salem, NJ (County), and is currently operated by 
Southern Railroad Company of New Jersey. U S Rail Corporation of New 
Jersey (U S RCNJ), USRP's affiliate, and USRP are entering into an 
agreement providing for USRP to operate the rail line, with U S RCNJ 
retaining a residual common carrier obligation.
    This transaction is related to the concurrently filed verified 
notices of exemption in: (1) STB Finance Docket No. 35310, U S Rail 
Corporation of New Jersey--Lease Exemption--County of Salem, NJ, 
whereby U S RCNJ has filed a verified notice of exemption to lease the 
line from the County; 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.
    USRP certifies that its projected revenues as a result of the 
transaction will not result in the creation of a Class II or Class I 
rail carrier and 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 
110-161, section 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 SC. 6903.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U SC. 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. 35317, 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. E9-28433 Filed 11-25-09; 8:45 am]
BILLING CODE 4915-01-P