Wisconsin & Southern Railroad Co.-Trackage Rights Exemption-Union Pacific Railroad Company, 9019-9020 [E9-4065]

Download as PDF Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). Issued in Washington, DC on February 23, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–4207 Filed 2–26–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2009–0010] Requested Administrative Waiver of the Coastwise Trade Laws rwilkins on PROD1PC63 with NOTICES2 AGENCY: Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel WINDSONG. SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD–2009– 0010 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. DATES: Submit comments on or before March 30, 2009. ADDRESSES: Comments should refer to docket number MARAD–2009–0010. Written comments may be submitted by hand or by mail to the Docket Clerk, VerDate Nov<24>2008 16:39 Feb 26, 2009 Jkt 217001 U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may also send comments electronically via the Internet at https://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., Room W21–203, Washington, DC 20590. Telephone 202– 366–5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel WINDSONG is: Intended Use: ‘‘Sailing instruction and pleasure charter.’’ Geographic Region: ‘‘MA, CT, NY, NJ, DE, MD, VA, NC, SC, GA, FL’’ Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). Dated: February 19, 2009. By Order of the Maritime Administrator. Leonard Sutter, Secretary, Maritime Administration. [FR Doc. E9–4154 Filed 2–26–09; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35191] Wisconsin & Southern Railroad Co.— Trackage Rights Exemption—Union Pacific Railroad Company Pursuant to a written trackage rights agreement, Union Pacific Railroad Company (UP) has agreed to grant overhead trackage rights to Wisconsin & Southern Railroad Co. (WSOR) over a line of railroad extending between UP milepost 4.0 in Kohler, WI, and UP PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 9019 milepost 1.2 at Kohler Junction near Sheboygan, WI, a distance of approximately 2.8 miles.1 This transaction is related to a concurrently filed petition for exemption for the acquisition and operation of certain other rail lines in Wisconsin & Southern Railroad Co.— Acquisition and Operation Exemption— Union Pacific Railroad Company, STB Finance Docket No. 35144. In that proceeding, WSOR seeks an exemption under 49 U.S.C. 10502 to acquire and operate a permanent exclusive freight operating easement over 10.95 miles of railroad known as the Kohler Industrial Lead that is currently owned by UP. WSOR states that the State of Wisconsin Department of Transportation (WisDot) has executed an agreement to purchase the right-of-way and railroad assets comprising the line from UP, with WSOR to acquire the freight easement and associated common carrier obligation directly from UP. WSOR also seeks to acquire and operate approximately 1,000 feet of UP spur track. WSOR has requested expedited action in this proceeding. This transaction is also related to a concurrently filed petition for declaratory order in Wisconsin Department of Transportation—Petition for Declaratory Order—Rail Line in Sheboygan County, WI, STB Finance Docket No. 35195. In that proceeding, WisDot seeks a finding that its acquisition of the right-of-way and railroad assets will not render it a rail common carrier. WSOR states that it proposes to consummate this transaction on or about April 15, 2009. The trackage rights agreement will allow WSOR to provide rail service to the facilities of the Cargill Malt Plant in Kohler and to interchange with UP in Sheboygan. Pursuant to the Consolidated Appropriations Act, 2008, Public Law No. 110–161, § 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 1 A redacted version of the proposed trackage rights agreement between UP and WSOR was filed with the notice of exemption. The full version of the draft agreement was concurrently filed under seal along with a motion for protective. The motion is being addressed in a separate decision. As required by 49 CFR 1180.6(a)(7)(ii), the parties must filed a copy of the executed agreement within 10 days of the date the agreement is executed. E:\FR\FM\27FEN1.SGM 27FEN1 9020 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices rwilkins on PROD1PC63 with NOTICES2 of the Solid Waste Disposal Act, 42 U.S.C. 6903. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. VerDate Nov<24>2008 16:39 Feb 26, 2009 Jkt 217001 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 at least 7 days before the exemption becomes effective. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35191, 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 John D. Heffner, 1750 K Street, NW., Suite 200, PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 Washington, DC 20006, and on Mack H. Schumate, Union Pacific Railroad Company, 101 N. Wacker Drive, Suite 1920, Chicago, IL 60606. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: February 20, 2009. By the Board, David M. Konschnik, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–4065 Filed 2–26–09; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\27FEN1.SGM 27FEN1

Agencies

[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Pages 9019-9020]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4065]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35191]


Wisconsin & Southern Railroad Co.--Trackage Rights Exemption--
Union Pacific Railroad Company

    Pursuant to a written trackage rights agreement, Union Pacific 
Railroad Company (UP) has agreed to grant overhead trackage rights to 
Wisconsin & Southern Railroad Co. (WSOR) over a line of railroad 
extending between UP milepost 4.0 in Kohler, WI, and UP milepost 1.2 at 
Kohler Junction near Sheboygan, WI, a distance of approximately 2.8 
miles.\1\
---------------------------------------------------------------------------

    \1\ A redacted version of the proposed trackage rights agreement 
between UP and WSOR was filed with the notice of exemption. The full 
version of the draft agreement was concurrently filed under seal 
along with a motion for protective. The motion is being addressed in 
a separate decision. As required by 49 CFR 1180.6(a)(7)(ii), the 
parties must filed a copy of the executed agreement within 10 days 
of the date the agreement is executed.
---------------------------------------------------------------------------

    This transaction is related to a concurrently filed petition for 
exemption for the acquisition and operation of certain other rail lines 
in Wisconsin & Southern Railroad Co.--Acquisition and Operation 
Exemption--Union Pacific Railroad Company, STB Finance Docket No. 
35144. In that proceeding, WSOR seeks an exemption under 49 U.S.C. 
10502 to acquire and operate a permanent exclusive freight operating 
easement over 10.95 miles of railroad known as the Kohler Industrial 
Lead that is currently owned by UP. WSOR states that the State of 
Wisconsin Department of Transportation (WisDot) has executed an 
agreement to purchase the right-of-way and railroad assets comprising 
the line from UP, with WSOR to acquire the freight easement and 
associated common carrier obligation directly from UP. WSOR also seeks 
to acquire and operate approximately 1,000 feet of UP spur track. WSOR 
has requested expedited action in this proceeding.
    This transaction is also related to a concurrently filed petition 
for declaratory order in Wisconsin Department of Transportation--
Petition for Declaratory Order--Rail Line in Sheboygan County, WI, STB 
Finance Docket No. 35195. In that proceeding, WisDot seeks a finding 
that its acquisition of the right-of-way and railroad assets will not 
render it a rail common carrier.
    WSOR states that it proposes to consummate this transaction on or 
about April 15, 2009.
    The trackage rights agreement will allow WSOR to provide rail 
service to the facilities of the Cargill Malt Plant in Kohler and to 
interchange with UP in Sheboygan.
    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

[[Page 9020]]

of the Solid Waste Disposal Act, 42 U.S.C. 6903.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If the 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 at least 7 days before the exemption becomes effective.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35191, 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 John D. Heffner, 1750 K Street, 
NW., Suite 200, Washington, DC 20006, and on Mack H. Schumate, Union 
Pacific Railroad Company, 101 N. Wacker Drive, Suite 1920, Chicago, IL 
60606.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: February 20, 2009.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E9-4065 Filed 2-26-09; 8:45 am]
BILLING CODE 4915-01-P

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