New Jersey Seashore Lines, Inc.-Operation Exemption-Clayton Sand Company, 65836 [E9-29497]

Download as PDF 65836 Federal Register / Vol. 74, No. 237 / Friday, December 11, 2009 / Notices Decided: December 7, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–29496 Filed 12–10–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35297] New Jersey Seashore Lines, Inc.— Operation Exemption—Clayton Sand Company jlentini on DSKJ8SOYB1PROD with NOTICES New Jersey Seashore Lines, Inc. (NJSL), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate approximately 13 miles of rail line 1 owned by Clayton Sand Company (Clayton), between milepost 66.0 at Lakehurst, Borough of Lakehurst, in Ocean County, NJ, and milepost 79.0 at Woodmansie, Woodland Township, in Burlington County, NJ.2 This transaction is related to a concurrently filed verified notice of exemption for Anthony Macrie (Macrie), a noncarrier, to continue in control of NJSL and Class III rail carrier Cape May Seashore Lines, Inc., upon NJSL’s becoming a Class III rail carrier. See STB Finance Docket No. 35296, Anthony Macrie—Continuance in Control Exemption—New Jersey Seashore Lines, Inc.3 The transaction may be consummated on or after December 25, 2009. NJSL certifies that its projected annual revenues as a result of the transaction will not result in NJSL becoming a Class II or Class I rail carrier and further certifies that its projected annual revenue will not exceed $5 million. 1 According to NJSL, the line was formerly operated as private industry track by Ashland Railway, Inc., under contract. Prior to that time, the line was owned by Consolidated Rail Corporation (Conrail), which abandoned it before Clayton’s acquisition in 1985. 2 NJSL states that the line connects to the national rail system at Lakehurst, NJ. 3 By decision served on September 25, 2009, the Board held publication of the notice in the Federal Register and effectiveness of the exemption in abeyance pending further filings by NJSL or Clayton. On October 14, 2009, NJSL and Macrie filed a joint pleading in response to the Board’s order. On October 22, 2009, James Riffin filed a notice of intent to participate as a party of record and specified a number of findings he wanted the Board to make in connection with the notice. The Board will specifically address the issues raised in the above filings in a future Board decision, but the explanation provided by NJSL is sufficient to permit the publication of the notice. VerDate Nov<24>2008 17:33 Dec 10, 2009 Jkt 220001 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 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 for stay must be filed no later than December 18, 2009 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35297, 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. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: December 7, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–29497 Filed 12–10–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket ID. FMCSA–2009–0290] Qualification of Drivers; Exemption Applications; Diabetes AGENCY: Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemptions from the diabetes standard; request for comments. SUMMARY: FMCSA announces receipt of applications from 46 individuals for exemptions from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 ITDM to operate commercial motor vehicles in interstate commerce. DATES: Comments must be received on or before January 11, 2010. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2009–0290 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket ID for this Notice. Note that DOT posts all comments received without change to http://www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19476). This information is also available at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64– E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Page 65836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29497]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35297]


New Jersey Seashore Lines, Inc.--Operation Exemption--Clayton 
Sand Company

    New Jersey Seashore Lines, Inc. (NJSL), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to operate 
approximately 13 miles of rail line \1\ owned by Clayton Sand Company 
(Clayton), between milepost 66.0 at Lakehurst, Borough of Lakehurst, in 
Ocean County, NJ, and milepost 79.0 at Woodmansie, Woodland Township, 
in Burlington County, NJ.\2\
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    \1\ According to NJSL, the line was formerly operated as private 
industry track by Ashland Railway, Inc., under contract. Prior to 
that time, the line was owned by Consolidated Rail Corporation 
(Conrail), which abandoned it before Clayton's acquisition in 1985.
    \2\ NJSL states that the line connects to the national rail 
system at Lakehurst, NJ.
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    This transaction is related to a concurrently filed verified notice 
of exemption for Anthony Macrie (Macrie), a noncarrier, to continue in 
control of NJSL and Class III rail carrier Cape May Seashore Lines, 
Inc., upon NJSL's becoming a Class III rail carrier. See STB Finance 
Docket No. 35296, Anthony Macrie--Continuance in Control Exemption--New 
Jersey Seashore Lines, Inc.\3\
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    \3\ By decision served on September 25, 2009, the Board held 
publication of the notice in the Federal Register and effectiveness 
of the exemption in abeyance pending further filings by NJSL or 
Clayton. On October 14, 2009, NJSL and Macrie filed a joint pleading 
in response to the Board's order. On October 22, 2009, James Riffin 
filed a notice of intent to participate as a party of record and 
specified a number of findings he wanted the Board to make in 
connection with the notice. The Board will specifically address the 
issues raised in the above filings in a future Board decision, but 
the explanation provided by NJSL is sufficient to permit the 
publication of the notice.
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    The transaction may be consummated on or after December 25, 2009.
    NJSL certifies that its projected annual revenues as a result of 
the transaction will not result in NJSL becoming a Class II or Class I 
rail carrier and further certifies that its projected annual revenue 
will not exceed $5 million.
    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.
    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 for stay must be filed no later than December 18, 
2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35297, 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.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 7, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-29497 Filed 12-10-09; 8:45 am]
BILLING CODE 4915-01-P