[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Page 68886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27941]

[[Page 68886]]



Surface Transportation Board

[Docket No. FD 35665]

Aiken Railway Company, LLC--Lease and Operation Exemption--Lines 
of Norfolk Southern Railway Company in Aiken County, SC

    On October 31, 2012, Aiken Railway Company, LLC (AIKR), a 
noncarrier, filed a verified notice of exemption under 49 CFR 1150.31 
to lease from Norfolk Southern Railway Company (NSR), and to operate, 
two segments of rail line referred to as the SA Line and the AB Line. 
The SA Line extends 12.45 miles between milepost SA 63.45 at or near 
Warrenville, SC, and milepost SA 51.0 at or near Oakwood, SC. The AB 
Line extends 6.45 miles between milepost AB 23.75 at or near Aiken, SC, 
and milepost AB 17.3 at or near Seclay, SC. This transaction is related 
to a notice of exemption filed on November 5, 2012, in which Western 
Carolina Railway Service Corporation (WCRS), and Steven C. Hawkins and 
Cheryl R. Hawkins (collectively, the Hawkins) seek Board approval to 
continue in control of AIKR upon AIKR's becoming a Class III rail 
carrier. W. Carolina Ry. Serv. Corp.--Continuance in Control 
Exemption--Aiken Ry., Docket No. FD 35691.
    As a result of this transaction, and pursuant to a lease agreement 
between AIKR and NSR, AIKR will provide freight rail service over the 
lines. As consideration for the lease, AIKR has agreed to bring the 
lines (except for a sub-segment between mileposts SA 51.0 and SA 55.0) 
up to the Federal Railroad Administration's Class 1 standards. AIKR 
states that the lines connect only with NSR and that it will 
interchange with NSR in Aiken, SC. AIKR states that the transaction 
does not, however, impose any interchange commitments.
    The effective date of this exemption is November 30, 2012. AIKR 
states that it expects to commence operations on December 1, 2012, more 
than 30 days after the notice of exemption was filed. The effective 
date of the related continuance in control exemption in Docket No. FD 
35691, however, is December 5, 2012. WCRS and the Hawkins are reminded 
that they are not authorized to control AIKR until the continuance in 
control exemption becomes effective on December 5, 2012.
    AIKR 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. AIKR further certifies that its projected annual 
revenues as a result of this transaction 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 by November 23, 2012 (at 
least seven days prior to the date the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35665 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 J. Marshall Lawson, 4840 Forest Drive, Suite 
6B, PMB-295, Columbia, SC 29206-4810.
    Board decisions and notices are available on our Web site at 

    Decided: November 13, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-27941 Filed 11-15-12; 8:45 am]