[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Notices]
[Page 63818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28938]



[[Page 63818]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35319]


Old Augusta Railroad, LLC--Lease and Operation Exemption--KM 
Railways, LLC

    Old Augusta Railroad, LLC (OAR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to lease from 
KM Railways, LLC (KMR), and to operate 2.5 miles of KMR's line of 
railroad extending from New Augusta (Station No. FSAC 10) to Augusta 
(Station No. FSAC 20), in Perry County, MS (line).\1\
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    \1\ OAR states that there are no branch lines and no mileposts.
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    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35321, KM Railways, LLC--
Acquisition Exemption--Old Augusta Railroad, LLC, wherein KMR seeks to 
acquire the line from OAR, which currently owns and operates the 
line.\2\ According to OAR, KMR has entered into a Lease Agreement with 
OAR under which the line will be leased back to, and operated by, OAR. 
OAR states that this transaction is an internal reorganization for 
corporate purposes and that there will be no planned change in the 
operations presently conducted by OAR.
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    \2\ See Old Augusta Railroad, LLC--Acquisition and Operation 
Exemption--Assts of Old Augusta Railroad Company, STB Finance Docket 
No. 34493 (STB served April 21, 2004).
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    The transaction is expected to be consummated on or after December 
18, 2009, the effective date of the exemption (30 days after the 
exemption is filed).
    OAR certifies that, as a result of this transaction, it will not 
become a Class II or Class I rail carrier. In addition, OAR provides 
that its projected annual revenues will not exceed $5 million.\3\
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    \3\ By letter filed on November 23, 2009, OAR supplemented the 
notice of exemption advising the Board that the projected annual 
revenues of OAR will not exceed $5 million.
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    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
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 to stay must be filed by no later than December 
11, 2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35319 must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy must be served on David H. Coburn, Steptoe & Johnson LLP, 1330 
Connecticut Avenue, NW., Washington, DC 20036.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 30, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-28938 Filed 12-3-09; 8:45 am]
BILLING CODE 4915-01-P