CSX Transportation, Inc.-Trackage Rights Exemption-Commonwealth Railway Incorporated, 40642 [E9-19258]

Download as PDF 40642 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at http://www.regulations.gov. Anyone is able to search the electronic form of any written communications and 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). Issued in Washington, DC on August 6, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–19277 Filed 8–11–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35281] CSX Transportation, Inc.—Trackage Rights Exemption—Commonwealth Railway Incorporated jlentini on DSKJ8SOYB1PROD with NOTICES Pursuant to a written trackage rights agreement,1 Commonwealth Railway Incorporated (CWRY) has agreed to grant non-exclusive overhead trackage rights to CSX Transportation, Inc. (CSXT), over CWRY’s line of railroad between Suffolk, VA, milepost 16.50, and Churchland, VA, milepost 9.90, a distance of approximately 6.60 miles.2 The earliest this transaction may be consummated is August 26, 2009, the effective date of the exemption (30 days after the amendment to the notice of 1 A redacted version of the proposed trackage rights agreement between CSXT and CWRY 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 order. The motion is being addressed in a separate decision. As required by 49 CFR 1180.6(a)(7)(ii), the parties must file a copy of the executed agreement within 10 days of the date the agreement is executed. 2 On July 27, 2009, CSXT filed an amendment to its verified notice of exemption to comply with the information required by 49 CFR 1180.4(g)(4)(i), thereby making July 27, 2009, the official filing date for the notice. Parties are reminded that, when filing a notice of exemption for transactions that may limit future interchange with a third-party connecting carrier, parties must provide the following additional information: (1) Disclose the existence of the provision or agreement that limits or restricts interchange; (2) disclose the affected interchange points; and (3) file a confidential, complete version of the documents containing the provision or agreement that limits or restricts interchange. VerDate Nov<24>2008 16:38 Aug 11, 2009 Jkt 217001 exemption was filed). The purpose of the trackage rights agreement is to improve CSXT’s access to the Maersk Terminal in the port of Norfolk and to provide competitive service for intermodal and other traffic originating at, and destined for, the port. Pursuant to 49 CFR 1180.4(g)(i), CSXT discloses that the agreement contains a provision prohibiting CSXT from using the line for interchange with any thirdparty carrier, wherever one may connect with, and create an interchange point on, the line. Pursuant to the Consolidated Appropriations Act, 2008, Public Law 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. 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. 35281, 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 Steven C. Armbrust, CSX Transportation, Inc., 500 Water Street, J–150, Jacksonville, FL 32202 and Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 6, 2009. PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–19258 Filed 8–11–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 23 and Form 23–EP AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13(44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 23, Application for Enrollment to Practice Before the Internal Revenue Service, and Form 23–EP, Application for Enrollment to Practice Before the Internal Revenue Service as an Enrolled Retirement Plan Agent (ERPA). DATES: Written comments should be received on or before October 13, 2009 to be assured of consideration. ADDRESSES: Direct all written comments to R. Joseph Durbala, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Allan Hopkins at Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or at (202) 622– 6665, or through the internet at Allan.M.Hopkins@irs.gov. SUPPLEMENTARY INFORMATION: Title: Application for Enrollment to Practice Before the Internal Revenue Service. Application for Enrollment to Practice Before the Internal Revenue Service as an Enrolled Retirement Plan Agent (ERPA). OMB Number: 1545–0950. Form Number: Form 23 and Form 23– EP. Abstract: Form 23 must be completed by those who desire to be enrolled to practice before the Internal Revenue E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[Federal Register Volume 74, Number 154 (Wednesday, August 12, 2009)]
[Notices]
[Page 40642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19258]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35281]


CSX Transportation, Inc.--Trackage Rights Exemption--Commonwealth 
Railway Incorporated

    Pursuant to a written trackage rights agreement,\1\ Commonwealth 
Railway Incorporated (CWRY) has agreed to grant non-exclusive overhead 
trackage rights to CSX Transportation, Inc. (CSXT), over CWRY's line of 
railroad between Suffolk, VA, milepost 16.50, and Churchland, VA, 
milepost 9.90, a distance of approximately 6.60 miles.\2\
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    \1\ A redacted version of the proposed trackage rights agreement 
between CSXT and CWRY 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 order. The motion is being 
addressed in a separate decision. As required by 49 CFR 
1180.6(a)(7)(ii), the parties must file a copy of the executed 
agreement within 10 days of the date the agreement is executed.
    \2\ On July 27, 2009, CSXT filed an amendment to its verified 
notice of exemption to comply with the information required by 49 
CFR 1180.4(g)(4)(i), thereby making July 27, 2009, the official 
filing date for the notice. Parties are reminded that, when filing a 
notice of exemption for transactions that may limit future 
interchange with a third-party connecting carrier, parties must 
provide the following additional information: (1) Disclose the 
existence of the provision or agreement that limits or restricts 
interchange; (2) disclose the affected interchange points; and (3) 
file a confidential, complete version of the documents containing 
the provision or agreement that limits or restricts interchange.
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    The earliest this transaction may be consummated is August 26, 
2009, the effective date of the exemption (30 days after the amendment 
to the notice of exemption was filed). The purpose of the trackage 
rights agreement is to improve CSXT's access to the Maersk Terminal in 
the port of Norfolk and to provide competitive service for intermodal 
and other traffic originating at, and destined for, the port.
    Pursuant to 49 CFR 1180.4(g)(i), CSXT discloses that the agreement 
contains a provision prohibiting CSXT from using the line for 
interchange with any third-party carrier, wherever one may connect 
with, and create an interchange point on, the line.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
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.
    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. 35281, 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 Steven C. Armbrust, CSX 
Transportation, Inc., 500 Water Street, J-150, Jacksonville, FL 32202 
and Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 
Baltimore Avenue, Suite 301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 6, 2009.

    By the Board,
Rachel D. Campbell,
Director, Office of Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-19258 Filed 8-11-09; 8:45 am]
BILLING CODE 4915-01-P