[Federal Register Volume 77, Number 208 (Friday, October 26, 2012)]
[Notices]
[Page 65446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26420]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35678]


Turtle Creek Industrial Railroad, Inc.--Acquisition and Operation 
Exemption--Consolidated Rail Corporation

    Turtle Creek Industrial Railroad, Inc. (TCKR), a noncarrier and a 
wholly owned corporate subsidiary of Dura-Bond Industries, Inc. (Dura-
Bond), has filed a verified notice of exemption under 49 CFR 1150.31 to 
acquire from Consolidated Rail Corporation (Conrail) and to operate 
approximately 9.8 miles of rail line between milepost 0.9 at or near 
Trafford, and milepost 10.7 at or near Export, in Westmoreland County, 
Pa.\1\
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    \1\ TCKR states that it acquired the involved line from Conrail 
in 1982. Applicant indicates that it obtained a certificate of 
public convenience and necessity from the Pennsylvania Public 
Utility Commission ``under the misconception that the Commonwealth 
of Pennsylvania had authority to regulate intrastate rail 
transportation,'' apparently thinking it needed no additional 
authority. According to TCKR, it has operated as a Class III common 
carrier providing interstate rail service, primarily for Dura-Bond, 
without first obtaining authority from the Board's predecessor, the 
Interstate Commerce Commission (ICC). TCKR states that a significant 
portion of its track was washed out in 2009 and that no rail service 
has been provided since that time. TCKR further states that it now 
wishes to abandon the line and convey the right-of-way to 
Westmoreland County for recreational trail purposes. In order to 
proceed with its objectives, TCKR has filed this notice to correct 
its failure to obtain authority from the ICC. While the verified 
notice indicates that TCKR is seeking an exemption to authorize the 
acquisition ``nunc pro tunc'' (retroactively), TCKR's authority will 
be effective prospectively from November 9, 2012.
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    The transaction may not be consummated prior to November 9, 2012 
(30 days after the notice of exemption was filed).
    TCKR certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million.
    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 no later than November 2, 
2012 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35678, 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 Richard R. Wilson, 518 N. Center St., Ste. 
100, Ebensburg, PA 15931.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: October 23, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-26420 Filed 10-25-12; 8:45 am]
BILLING CODE 4915-01-P