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[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Page 54875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25512]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35308]

Piedmont & Atlantic Railroad Co., Inc., d/b/a/ Yadkin Valley 
Railroad Company--Acquisition and Operation Exemption--Norfolk Southern 
Railway Company

    Piedmont & Atlantic Railroad Co., Inc., d/b/a Yadkin Valley 
Railroad Company (YVRR), a Class III rail carrier, has filed a verified 
notice of exemption under 49 CFR 1150.41 to acquire, by purchase 
pursuant to an agreement it anticipates entering into with Norfolk 
Southern Railway Company (NS) (successor to Southern Railway Company), 
and to operate approximately 93 miles of rail lines as follows: (1) 
From milepost K-37.0 at Rural Hall, in Forsyth County, NC, to milepost 
K-100.2 at North Wilkesboro, in Wilkes County, NC; and (2) from 
milepost CF-0.0 at Mount Airy, in Surry County, NC, to milepost CF-29.8 
at Rural Hall, in Forsyth County, NC.\1\ YVRR has subleased and 
operated these rail lines since March 1994.\2\
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    \1\ Laurinburg & Southern Railroad Company previously was 
authorized to lease these lines and YVRR was authorized to operate 
them in Laurinburg and Southern Railroad Company, et al.--Lease and 
Operation Exemption--Southern Railway Company, Finance Docket No. 
31526 (ICC served Nov. 7, 1989).
    \2\ See Piedmont & Atlantic Railroad Co., Inc.--Lease and 
Operation Exemption--L & S Holding Company d/b/a/Laurinburg & 
Southern Railroad Co. and Yadkin Valley Railroad Company, Finance 
Docket No. 32462 (ICC served Mar. 29, 1994). Also, in H. Peter and 
Linda C. Claussen--Continuance in Control Exemption--Piedmont & 
Atlantic Railroad Co., Inc., Finance Docket No. 32464, (ICC served 
Mar. 29, 1994), H. Peter and Linda C. Claussen were authorized to 
continue in control of Piedmont & Atlantic Railroad Co., Inc., once 
it became a Class III rail carrier.
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    YVRR certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier.
    YVRR states that it intends to consummate the transaction on or 
after November 7, 2009, but shall in no event consummate the 
transaction before the Board either grants its petition for waiver of 
the 60-day labor notice requirement or YVRR satisfies the applicable 
labor notice requirement at 49 CFR 1150.42(e).\3\ YVRR requests 
expedited action on its petition.
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    \3\ On October 8, 2009, YVRR concurrently filed a certification 
of labor notice compliance and a petition for waiver of the 60-day 
advance labor notice requirement at 49 CFR 1150.42(e). That request 
will be addressed in a separate decision. Unless the Board grants 
the waiver request, the earliest this transaction may be consummated 
will be December 7, 2009.
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    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. Stay petitions must be filed no later than 7 days before the 
exemption becomes effective.
    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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35308, 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 Rose-Michele Nardi, Esq., 
Weiner Brodsky Sidman Kider PC, 1300 19th Street, NW., Fifth Floor, 
Washington, DC 20036-1609.
    Board decisions and notices are available on our website at http://www.stb.dot.gov.

    Decided: October 19, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-25512 Filed 10-22-09; 8:45 am]
BILLING CODE 4915-01-P
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