Muskogee City-County Port Authority-Operation Exemption-A Line of Railroad in Muskogee County, OK, 18802 [E9-9450]

Download as PDF 18802 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices mstockstill on PROD1PC66 with NOTICES ballast trains to and from the ballast pit at Elsey, CA, which is adjacent to the UP rail line. The trackage rights are temporary in nature and are scheduled to expire at midnight on December 31, 2009. 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 by May 1, 2009 (at least 7 days before the exemption becomes effective). 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 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. 35238, 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 Karl Morell, Of Counsel, Ball Janik LLP, Suite 225, 1455 F Street, NW., Washington, DC 20005. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 16, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–9192 Filed 4–23–09; 8:45 am] BILLING CODE 4915–01–P VerDate Nov<24>2008 16:20 Apr 23, 2009 Jkt 217001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35240] Muskogee City-County Port Authority—Operation Exemption—A Line of Railroad in Muskogee County, OK Muskogee City-County Port Authority (the Port), a non-carrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate a 4.7-mile rail line extending from milepost 88.80, at or near Davis Field, to milepost 93.50, at or near Shopton, in Muskogee County, OK. On January 6, 1993, a decision and notice of interim trail use or abandonment (NITU) was served by the Board’s predecessor agency, the Interstate Commerce Commission, in Missouri Pacific Railroad Co. —Abandonment Exemption—In Muskogee, McIntosh and Haskell Counties, OK, Docket No. AB–3 (SubNo. 104X), establishing a 180-day period for Missouri Pacific Railroad Company (MP) 1 to negotiate an interim trail use/ rail banking agreement under the National Trails System Act, 16 U.S.C. 1247(d) for a 43.0-mile rail line extending from milepost 93.50, at or near Shopton, to milepost 50.50, near Kerr McGee, in Muskogee, McIntosh, and Haskell Counties, OK. Trail negotiations were successful and an agreement for rail banking and interim trail use was reached in the Line Donation Contract (Contract) between MP, the Port, and Indian Nations Recreation Trail (INRT). Pursuant to that agreement, the Port obtained the right to use the 4.7-mile segment described above for rail banking and interim trail use.2 The Port now wishes to reactivate service over the 4.7 mile line segment.3 The Port certifies that its projected annual revenues as a result of this transaction will not result in the Port becoming a Class II or Class I rail carrier and further certifies that its projected annual revenues will not exceed $5 million. The transaction is scheduled to be consummated on May 10, 2009, the effective date of the exemption (30 days after the exemption is filed). 1 Union Pacific Railroad is the successor-ininterest to MP. 2 The NITU governing the rest of the line is not at issue here. 3 Port simultaneously filed a petition to vacate the NITU issued in Missouri Pacific Railroad Co. —Abandonment Exemption—In Muskogee, McIntosh and Haskell Counties, OK, Docket No. AB–3 (Sub-No. 104X) (ICC served Jan. 6, 1993). The petition will be addressed by the Board in a separate decision. PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 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 does not automatically stay the transaction. Petitions for stay must be filed no later than May 1, 2009 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35240, 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 Jeffrey O. Moreno, 1920 N Street, NW., Suite 800, Washington, DC 20036–1601. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 21, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–9450 Filed 4–23–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2009–16] Petition for Exemption; Summary of Petition Received AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of petition for exemption received. SUMMARY: This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public’s awareness of, and participation in, this aspect of FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATES: Comments on this petition must identify the petition docket number involved and must be received on or before May 14, 2009. ADDRESSES: You may send comments identified by Docket Number FAA– 2009–0084 using any of the following methods: • Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Send comments to the Docket Management Facility; U.S. Department E:\FR\FM\24APN1.SGM 24APN1

Agencies

[Federal Register Volume 74, Number 78 (Friday, April 24, 2009)]
[Notices]
[Page 18802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9450]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35240]


Muskogee City-County Port Authority--Operation Exemption--A Line 
of Railroad in Muskogee County, OK

    Muskogee City-County Port Authority (the Port), a non-carrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to operate a 
4.7-mile rail line extending from milepost 88.80, at or near Davis 
Field, to milepost 93.50, at or near Shopton, in Muskogee County, OK.
    On January 6, 1993, a decision and notice of interim trail use or 
abandonment (NITU) was served by the Board's predecessor agency, the 
Interstate Commerce Commission, in Missouri Pacific Railroad Co. --
Abandonment Exemption--In Muskogee, McIntosh and Haskell Counties, OK, 
Docket No. AB-3 (Sub-No. 104X), establishing a 180-day period for 
Missouri Pacific Railroad Company (MP) \1\ to negotiate an interim 
trail use/rail banking agreement under the National Trails System Act, 
16 U.S.C. 1247(d) for a 43.0-mile rail line extending from milepost 
93.50, at or near Shopton, to milepost 50.50, near Kerr McGee, in 
Muskogee, McIntosh, and Haskell Counties, OK. Trail negotiations were 
successful and an agreement for rail banking and interim trail use was 
reached in the Line Donation Contract (Contract) between MP, the Port, 
and Indian Nations Recreation Trail (INRT). Pursuant to that agreement, 
the Port obtained the right to use the 4.7-mile segment described above 
for rail banking and interim trail use.\2\ The Port now wishes to 
reactivate service over the 4.7 mile line segment.\3\
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    \1\ Union Pacific Railroad is the successor-in-interest to MP.
    \2\ The NITU governing the rest of the line is not at issue 
here.
    \3\ Port simultaneously filed a petition to vacate the NITU 
issued in Missouri Pacific Railroad Co. --Abandonment Exemption--In 
Muskogee, McIntosh and Haskell Counties, OK, Docket No. AB-3 (Sub-
No. 104X) (ICC served Jan. 6, 1993). The petition will be addressed 
by the Board in a separate decision.
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    The Port certifies that its projected annual revenues as a result 
of this transaction will not result in the Port becoming a Class II or 
Class I rail carrier and further certifies that its projected annual 
revenues will not exceed $5 million.
    The transaction is scheduled to be consummated on May 10, 2009, the 
effective date of the exemption (30 days after the exemption is filed).
    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 does not automatically stay the transaction. Petitions for stay 
must be filed no later than May 1, 2009 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35240, 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 Jeffrey O. Moreno, 1920 N 
Street, NW., Suite 800, Washington, DC 20036-1601.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 21, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-9450 Filed 4-23-09; 8:45 am]
BILLING CODE 4915-01-P