[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Notices]
[Page 11991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5445]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35356]


ABC & D Recycling, Inc.--Lease and Operation Exemption--a Line of 
Railroad in Ware, MA

    ABC & D Recycling, Inc. (ABC & D), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease from O'Riley 
Family Trust (O'Riley), and to operate 773 feet of rail line, located 
at milepost 12.8, in Ware, MA. The line is currently operated by the 
Massachusetts Central Railroad Corporation (MCER).\1\
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    \1\ According to ABC & D, an agreement has been reached with 
O'Riley to lease and operate the railroad trackage owned by O'Riley.
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    ABC & D states that it has and intends to continue to handle 
construction and demolition debris, and that it obtained and continues 
to hold all state and local permits necessary in order to handle 
construction and demolition debris. ABC & D further states that if it 
wishes to handle solid waste, as defined in the Clean Railroads Act of 
2008, it must: (1) Obtain all state and local permits necessary in 
order to handle such solid waste, or (2) obtain a land-use exemption 
from the Board for any permits that it is unable to obtain from the 
state or local government.
    ABC & D certifies that its projected annual revenues as a result of 
the transaction will not exceed those that would qualify it as a Class 
III rail carrier, and further certifies that its projected annual 
revenues will not exceed $5 million.
    The transaction is expected to be consummated on March 26, 2010, 
the effective date of the exemption (30 days after the exemption was 
filed).
    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 for stay must be filed no later than March 19, 
2010 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35356, 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 Leonard M. Singer, Office of 
Leonard M. Singer, 101 Arch Street, Ninth Floor, Boston, MA 02110.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: March 9, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2010-5445 Filed 3-11-10; 8:45 am]
BILLING CODE 4915-01-P