[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Notices]
[Pages 45010-45011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18725]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35389]


LRY, LLC D.B.A. Lake Railway--Lease and Operation Exemption--
Union Pacific Railroad Company

    LRY, LLC D.B.A. Lake Railway (LRY), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to lease from 
Union Pacific Railroad Company (UP), and to operate 1.9 miles of UP's 
Modoc Subdivision, between milepost 506.1 and a future interchange 
point with UP at milepost 508.0, near Perez, Cal.
    This transaction is related to Docket No. FD 35250, LRY, LLC D.B.A. 
Lake Railway--Lease and Operation Exemption--Union Pacific Railroad 
Company, wherein LRY filed a verified notice of exemption to lease and 
operate, as pertinent, a portion of UP's Modoc Subdivision, extending 
from milepost 445.6, near MacArthur, Cal., to milepost 506.1, near 
Perez. This notice was served and published in the Federal Register on 
December 18, 2009 (74 FR 67,304-05) and became effective on January 1, 
2010. LRY explains that the lease agreement between LRY and UP has been 
modified to include the additional 1.9 miles involved in this 
proceeding in order to allow for additional interchange headroom at 
Perez.\1\ The portions of the Modoc

[[Page 45011]]

Subdivision involved in this proceeding and in Docket No. FD 35250 had 
been previously leased to Modoc Railway and Land Company, LLC (MR&L), 
and operated by Modoc Northern Railroad Co. (MNRR). According to LRY, 
UP has terminated the lease with MR&L and MNRR and under terms of that 
lease plans to seek discontinuance authority for MNRR from the Board in 
the name of both MR&L and MNRR.
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    \1\ LRY originally filed a letter with the Board on February 4, 
2010, stating that the milepost designation of 506.1 near Perez was 
incorrect. LRY sought to substitute milepost 508.0 as the correct 
designation. However, the letter was not sufficient to amend LRY's 
notice of exemption.
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    The transaction cannot be consummated until August 14, 2010, the 
effective date of the exemption (30 days after the exemption was 
filed).\2\
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    \2\ LRY's notice of exemption stated August 7, 2010, as the date 
of consummation. LRY's counsel was notified that August 14, 2010, is 
the effective date of the exemption and consummation cannot occur 
before that date.
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    LRY certifies that, as a result of this transaction, its projected 
revenues will not exceed those that would qualify it as a Class III 
carrier.
    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 August 6, 
2010 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35389, 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: July 27, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-18725 Filed 7-29-10; 8:45 am]
BILLING CODE 4915-01-P