Proposed Modification of the Atlanta, GA, Class B Airspace Area; Public Meetings, 63818-63819 [E9-28900]
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Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35319]
Old Augusta Railroad, LLC—Lease and
Operation Exemption—KM Railways,
LLC
mstockstill on DSKH9S0YB1PROD with NOTICES
Old Augusta Railroad, LLC (OAR), a
Class III rail carrier, has filed a verified
notice of exemption under 49 CFR
1150.41 to lease from KM Railways, LLC
(KMR), and to operate 2.5 miles of
KMR’s line of railroad extending from
New Augusta (Station No. FSAC 10) to
Augusta (Station No. FSAC 20), in Perry
County, MS (line).1
This transaction is related to a
concurrently filed verified notice of
exemption in STB Finance Docket No.
35321, KM Railways, LLC—Acquisition
Exemption—Old Augusta Railroad, LLC,
wherein KMR seeks to acquire the line
from OAR, which currently owns and
operates the line.2 According to OAR,
KMR has entered into a Lease
Agreement with OAR under which the
line will be leased back to, and operated
by, OAR. OAR states that this
transaction is an internal reorganization
for corporate purposes and that there
will be no planned change in the
operations presently conducted by OAR.
The transaction is expected to be
consummated on or after December 18,
2009, the effective date of the exemption
(30 days after the exemption is filed).
OAR certifies that, as a result of this
transaction, it will not become a Class
II or Class I rail carrier. In addition,
OAR provides that its projected annual
revenues will not exceed $5 million.3
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.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
1 OAR states that there are no branch lines and
no mileposts.
2 See Old Augusta Railroad, LLC—Acquisition
and Operation Exemption—Assts of Old Augusta
Railroad Company, STB Finance Docket No. 34493
(STB served April 21, 2004).
3 By letter filed on November 23, 2009, OAR
supplemented the notice of exemption advising the
Board that the projected annual revenues of OAR
will not exceed $5 million.
VerDate Nov<24>2008
17:26 Dec 03, 2009
Jkt 220001
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 no later than December 11, 2009
(at least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35319 must be filed with the
Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, a copy must be served
on David H. Coburn, Steptoe & Johnson
LLP, 1330 Connecticut Avenue, NW.,
Washington, DC 20036.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: November 30, 2009.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9–28938 Filed 12–3–09; 8:45 am]
Meeting Procedures
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Proposed Modification of the Atlanta,
GA, Class B Airspace Area; Public
Meetings
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of meetings.
SUMMARY: This notice announces four
fact-finding informal airspace meetings
to solicit information from airspace
users and others, concerning a proposal
to revise Class B airspace at Atlanta, GA.
The purpose of these meetings is to
provide interested parties an
opportunity to present views,
recommendations, and comments on the
proposal. All comments received during
these meetings will be considered prior
to any issuance of a notice of proposed
rulemaking.
DATES: The informal airspace meetings
will be held on Monday, February 22,
2010; Thursday, February 25, 2010;
Monday, March 1, 2010; and Thursday,
March 4, 2010. All meetings will run
from 3 p.m. until 8:30 p.m. Comments
must be received on or before April 3,
2010.
ADDRESSES: (1) The meeting on Monday,
February 22, 2010, will be held at the
Cobb Co. PD, Precinct 1, 2380 North
Cobb Parkway, Kennessaw, GA 30152
[Call 770–499–4181 for directions]; (2)
The meeting on Thursday, February 25,
2010, will be held at the City of
PO 00000
Frm 00103
Fmt 4703
Covington City Hall, 2116 Stallings
Street NW., Covington, GA 30014 [Call
770–385–2022 for directions]; (3) The
meeting on Monday, March 1, 2010, will
be held at the Chamblee Civic Center,
3540 Broad Street, Chamblee, GA 30341
[Call 770–986–5016 for directions]; and
(4) the meeting on Thursday, March 4,
2010, will be held at Peachtree City
Falcon Field, 7 Falcon Drive, Peachtree
City, GA 30269 [Call 770–487–2225 for
directions].
Comments: Send comments on the
proposal, in triplicate, to: Mark Ward,
Manager, Operations Support Group,
Eastern Service Area, Air Traffic
Organization, Federal Aviation
Administration, P.O. Box 20636,
Atlanta, GA 30320.
FOR FURTHER INFORMATION CONTACT:
Mike Richardson, Support Manager,
Atlanta TRACON, 784 South Highway
74, Peachtree City, GA; telephone: (678)
364–6306.
SUPPLEMENTARY INFORMATION:
Sfmt 4703
(a) The meetings will be informal in
nature and will be conducted by one or
more representatives of the FAA Eastern
Service Area. A representative from the
FAA will present a briefing on the
planned Class B airspace area
modification. Each participant will be
given an opportunity to deliver
comments or make a presentation,
although a time limit may be imposed.
Only comments concerning the plan to
modify the Atlanta Class B airspace will
be accepted.
(b) The meetings will be open to all
persons on a space-available basis.
There will be no admission fee or other
charge to attend and participate.
(c) Any person wishing to make a
presentation to the FAA panel will be
asked to sign in and estimate the
amount of time needed for such
presentation. This will permit the panel
to allocate an appropriate amount of
time for each presenter. These meetings
will not be adjourned until everyone on
the list has had an opportunity to
address the panel.
(d) Position papers or other handout
material relating to the substance of
these meetings will be accepted.
Participants wishing to submit handout
material should present an original and
two copies (3 copies total) to the
presiding officer. There should be
additional copies of each handout
available for other attendees.
(e) These meetings will not be
formally recorded. However, a summary
of comments made at the meetings will
be filed in the docket.
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Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices
Agenda for the Meetings
—Sign-in.
—Presentation of Meeting Procedures.
—Informal Presentation of the planned
Class B Airspace area Modification.
—Public Presentations and Discussions.
—Closing Comments.
At all meetings, the informal
presentation will be conducted at 3
p.m., 5 p.m., and again at 7 p.m. Each
presentation will be the same, so
attendees may arrive at any time at their
convenience, and it will not be
necessary to remain until the end.
Following each presentation there will
be time for questions and presentations
by attendees.
Issued in Washington, DC, on November
23, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9–28900 Filed 12–3–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Ex Parte No. 693]
Oral Argument
Surface Transportation Board.
Notice of oral argument.
AGENCY:
mstockstill on DSKH9S0YB1PROD with NOTICES
ACTION:
SUMMARY: By a decision served on
December 1, 2009, the Board announced
that it will hold oral arguments in two
cases: STB Finance Docket No. 35225,
San Benito Railroad LLC—Acquisition
Exemption—Certain Assets of Union
Pacific Railroad Company (San Benito
RR); and STB Finance Docket No.
35239, Allegheny Valley Railroad
Company—Petition for Declaratory
Order (Allegheny Valley).
Dates/Location: The oral arguments
will take place on Tuesday, January 26,
2010, at 9:30 a.m., in the Board’s
hearing room at the Board’s
headquarters located at 395 E Street,
SW., Washington, DC. By January 21,
2010, the parties should submit to the
Board the name of the counsel who will
be presenting argument, the party
counsel will be representing, and the
requested time reserved for rebuttal if
the party is the movant or petitioner.
FOR FURTHER INFORMATION CONTACT:
Amy Ziehm, (202) 245–0391. Assistance
for the hearing impaired is available
through the Federal Information Relay
Service (FIRS) at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: In STB
Finance Docket No. 35225, San Benito
Railroad LLC (San Benito), a noncarrier,
has filed a verified notice of exemption
to acquire from Union Pacific Railroad
VerDate Nov<24>2008
17:26 Dec 03, 2009
Jkt 220001
Company (UP) certain railroad assets,
including approximately 12.43 miles of
rail line extending between
approximately milepost 0.7 (near
Hollister, CA) and approximately
milepost 12.50 (near Carnadero, CA) in
San Benito County. San Benito
simultaneously filed a motion to
dismiss the notice of exemption. San
Benito seeks a determination from the
Board that it would not become a
common carrier and that the Board
would not have jurisdiction over the
proposed acquisition because the parties
have structured the transaction pursuant
to the terms and conditions of the
Interstate Commerce Commission’s
decision in State of Maine—Acq. And
Op. Exempt., 8 I.C.C.2d 935 (1991)
(State of Maine), and subsequent Board
decisions addressing State of Maine.
The Brotherhood of Maintenance of
Way Employes Division/IBT and the
Brotherhood of Railroad Signalmen
(collectively ‘‘Unions’’) filed a response
in opposition to San Benito’s motion to
dismiss. The Unions argue that State of
Maine was wrongly decided and must
be overturned because it is contrary to
the Interstate Commerce Act. The Board
will hear argument on the motion to
dismiss the notice of exemption.
In STB Finance Docket No. 35239,
Allegheny Valley Railroad Company
(AVRR) has filed a petition for
declaratory order to determine whether
a 0.3-mile rail segment between 16th
Street and 21st Street in Pittsburgh, PA,
remains an active rail easement. AVRR,
which claims that the easement remains
active, wants to restore the 0.3-mile
segment of the line as part of a longer
line and provide passenger and freight
rail service over it. AVRR purportedly
acquired the easement as part of a line
sale by Consolidated Rail Corporation
(Conrail). The segment spans property
owned by The Buncher Company
(Buncher). Buncher claims that the track
in question has been abandoned and
that the property interest has been
extinguished.
On May 13, 2009, the Board instituted
a declaratory order proceeding to clarify
the issues and established a procedural
schedule. The parties submitted several
rounds of evidence concerning the
status of the track.
On September 17, 2009, the Board
issued a decision directing AVRR and
Buncher to address whether or how the
recent ruling by the United States Court
of Appeals for the District of Columbia
Circuit in Consolidated Rail Corp. v.
STB, 571 F.3d 13 (D.C. Cir. 2009)
(Harsimus) affects this case. In
Harsimus, the Court of Appeals found
that where the Board’s authority was
challenged and an interpretation of the
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Frm 00104
Fmt 4703
Sfmt 4703
63819
Final System Plan (FSP) for the creation
of Conrail or the Special Court’s
conveyance order under 45 U.S.C.
719(e)(2) for Conrail’s creation was
required, the Board lacked jurisdiction
to resolve the question of the nature of
the involved trackage.
AVRR and Buncher filed their
evidence on October 9, 2009. AVRR
claims that Harsimus is limited to its
facts and that the Board should resolve
the case. Buncher asserts that the Board
should dismiss the case in accordance
with Harsimus, as the resolution of the
case relies upon interpreting the FSP
and the documents relating to the
conveyance to Conrail, thus placing the
case directly under the jurisdiction of
the Special Court, which is now the
United States District Court for the
District of Columbia.
The STB requests that all persons
attending the hearing use the Patriots
Plaza Building’s main entrance at 395 E
Street, SW. (closest to the northeast
corner of the intersection of 4th and E
Streets). There will be no reserved
seating, except for those scheduled to
present oral arguments. The building
will be open to the public at 7 a.m., and
participants are encouraged to arrive
early. There is no public parking in the
building. The oral arguments will be
open for public observation, but only
counsel for the parties will be permitted
to present argument. A video broadcast
of the oral argument will be available
via the Board’s Web site at https://
www.stb.dot.gov, under ‘‘Information
Center’’/‘‘Webcast’’/‘‘Live Video’’ on the
home page.
Additional information is contained
in the Board’s decision. A copy of the
Board’s decision is available for
inspection or copying at the Board’s
Public Docket Room, Room 131, 395 E
Street, SW., Washington, DC 20423–
0001, and is posted on the Board’s Web
site, https://www.stb.dot.gov.
This action will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
Decided: December 1, 2009.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–28956 Filed 12–3–09; 8:45 am]
BILLING CODE 4915–01–P
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04DEN1
Agencies
[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Notices]
[Pages 63818-63819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28900]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Proposed Modification of the Atlanta, GA, Class B Airspace Area;
Public Meetings
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of meetings.
-----------------------------------------------------------------------
SUMMARY: This notice announces four fact-finding informal airspace
meetings to solicit information from airspace users and others,
concerning a proposal to revise Class B airspace at Atlanta, GA. The
purpose of these meetings is to provide interested parties an
opportunity to present views, recommendations, and comments on the
proposal. All comments received during these meetings will be
considered prior to any issuance of a notice of proposed rulemaking.
DATES: The informal airspace meetings will be held on Monday, February
22, 2010; Thursday, February 25, 2010; Monday, March 1, 2010; and
Thursday, March 4, 2010. All meetings will run from 3 p.m. until 8:30
p.m. Comments must be received on or before April 3, 2010.
ADDRESSES: (1) The meeting on Monday, February 22, 2010, will be held
at the Cobb Co. PD, Precinct 1, 2380 North Cobb Parkway, Kennessaw, GA
30152 [Call 770-499-4181 for directions]; (2) The meeting on Thursday,
February 25, 2010, will be held at the City of Covington City Hall,
2116 Stallings Street NW., Covington, GA 30014 [Call 770-385-2022 for
directions]; (3) The meeting on Monday, March 1, 2010, will be held at
the Chamblee Civic Center, 3540 Broad Street, Chamblee, GA 30341 [Call
770-986-5016 for directions]; and (4) the meeting on Thursday, March 4,
2010, will be held at Peachtree City Falcon Field, 7 Falcon Drive,
Peachtree City, GA 30269 [Call 770-487-2225 for directions].
Comments: Send comments on the proposal, in triplicate, to: Mark
Ward, Manager, Operations Support Group, Eastern Service Area, Air
Traffic Organization, Federal Aviation Administration, P.O. Box 20636,
Atlanta, GA 30320.
FOR FURTHER INFORMATION CONTACT: Mike Richardson, Support Manager,
Atlanta TRACON, 784 South Highway 74, Peachtree City, GA; telephone:
(678) 364-6306.
SUPPLEMENTARY INFORMATION:
Meeting Procedures
(a) The meetings will be informal in nature and will be conducted
by one or more representatives of the FAA Eastern Service Area. A
representative from the FAA will present a briefing on the planned
Class B airspace area modification. Each participant will be given an
opportunity to deliver comments or make a presentation, although a time
limit may be imposed. Only comments concerning the plan to modify the
Atlanta Class B airspace will be accepted.
(b) The meetings will be open to all persons on a space-available
basis. There will be no admission fee or other charge to attend and
participate.
(c) Any person wishing to make a presentation to the FAA panel will
be asked to sign in and estimate the amount of time needed for such
presentation. This will permit the panel to allocate an appropriate
amount of time for each presenter. These meetings will not be adjourned
until everyone on the list has had an opportunity to address the panel.
(d) Position papers or other handout material relating to the
substance of these meetings will be accepted. Participants wishing to
submit handout material should present an original and two copies (3
copies total) to the presiding officer. There should be additional
copies of each handout available for other attendees.
(e) These meetings will not be formally recorded. However, a
summary of comments made at the meetings will be filed in the docket.
[[Page 63819]]
Agenda for the Meetings
--Sign-in.
--Presentation of Meeting Procedures.
--Informal Presentation of the planned Class B Airspace area
Modification.
--Public Presentations and Discussions.
--Closing Comments.
At all meetings, the informal presentation will be conducted at 3
p.m., 5 p.m., and again at 7 p.m. Each presentation will be the same,
so attendees may arrive at any time at their convenience, and it will
not be necessary to remain until the end. Following each presentation
there will be time for questions and presentations by attendees.
Issued in Washington, DC, on November 23, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-28900 Filed 12-3-09; 8:45 am]
BILLING CODE 4910-13-P