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

Federal Register: December 18, 2009 (Volume 74, Number 242)

Notices

Page 67304

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr18de09-119

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\

\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).

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\

\3\ LRY states in its notice that it plans to commence operations on or after December 31, 2010.

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