[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Page 67304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30102]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35250 (Sub-No. 1)]


LRY, LLC D.B.A. Lake Railway--Lease and Operation Exemption--Rail 
Line in Lake County, OR

    LRY, LLC D.B.A. Lake Railway (LRY), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease from Lake 
County, OR (Lake County), and to operate 54.45 miles of railroad on the 
Lakeview Branch, extending from milepost 458.60 at Alturas, CA, to 
milepost 513.05, at Lakeview, OR.\1\ That line had been previously 
leased to Modoc Railway and Land Company, LLC (MR&L), and operated by 
Modoc Northern Railroad Co (MNNR). According to LRY, Lake County has 
terminated that lease and filed an adverse discontinuance application 
with the Board, which was granted.\2\
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    \1\ The notice had stated that the line extended from milepost 
458.60 at Alturas, CA, to milepost 512.30, at Lakeview, OR, for a 
total distance of 53.70 miles. On December 14, 2009, LRY filed a 
pleading amending its notice to reflect the correct milepost and 
distance.
    \2\ See Lake County, Oregon--Adverse Discontinuance of Rail 
Service--Modoc Railway and Land Company, LLC and Modoc Northern 
Railroad Company, STB Docket No. AB-1035 (STB served Nov. 17, 2009).
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    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35250, LRY, LLC D.B.A. Lake 
Railway--Lease and Operation Exemption--Union Pacific Railway Company, 
wherein LRY seeks to lease and operate 62.21 miles of UP's lines of 
railroad, consisting of: (1) Part of the Modoc Subdivision, extending 
from milepost 445.6 near MacArthur, CA, to milepost 506.1 near Perez, 
CA; and (2) part of the Lakeview Branch, extending from milepost 456.89 
to milepost 458.60 at Alturas, CA.
    The transaction cannot be consummated until January 1, 2010, the 
effective date of the exemption (30 days after the exemption is 
filed).\3\
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    \3\ LRY states in its notice that it plans to commence 
operations on or after December 31, 2010.
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    LRY certifies that, as a result of this transaction, its projected 
revenues will not exceed those that would quality it as a Class III 
carrier.
    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 to stay must be filed by no later than December 
24, 2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35250 (Sub-No. 1) must be filed with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In 
addition, a copy must be served on James H. M. Savage, Of Counsel, John 
D. Heffner, PLLC, 1750 K Street, NW., Suite 200, Washington, DC 20006.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: December 15, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-30102 Filed 12-17-09; 8:45 am]
BILLING CODE 4915-01-P