CSX Transportation, Inc.-Trackage Rights Exemption-Illinois Central Railroad Company, 67307-67308 [E9-30082]

Download as PDF Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Notices taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the 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 https://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 December 11, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–30202 Filed 12–17–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance from certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s arguments in favor of relief. Union Pacific Railroad Company sroberts on DSKD5P82C1PROD with NOTICES (Docket Number FRA–2009–0109) The Union Pacific Railroad (UP) would like to respectfully request a waiver to the portion of 49 CFR 236.303 requiring portable derails to be connected to the signal system. Due to the current economic downturn, UP has found it necessary to use main, siding, and auxiliary tracks to facilitate the storing of cars. Cars and equipment are being stored in accordance with 49 CFR 232.103. The railroad also feels that the placing of portable derails on these tracks will increase the security of these cars that are being stored for an undetermined length of time. VerDate Nov<24>2008 17:33 Dec 17, 2009 Jkt 220001 Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA–2009– 0109) and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the 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 https://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 document (or signing the document, 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 (65 FR 19477) or at https://www.dot.gov/ privacy.html. Issued in Washington, DC on December 11, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–30199 Filed 12–17–09; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 67307 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35325] CSX Transportation, Inc.—Trackage Rights Exemption—Illinois Central Railroad Company Pursuant to a written trackage rights agreement, Illinois Central Railroad Company (IC) has agreed to grant limited overhead trackage rights to CSX Transportation, Inc. (CSXT),1 over IC’s line of railroad between: (1) The Decatur Street road crossing, at or near milepost 77.7, and milepost 76.7, on IC’s Peoria Subdivision, including IC’s connection with CSXT, a distance of approximately 1 mile; (2) milepost 30.5 and milepost 28.6 on IC’s Peoria Subdivision (Green Switch Spur), a distance of approximately 1.9 miles; and (3) IC’s lead track from its connection to the Green Switch Spur to IC’s connection with the Archer Daniel Midland Company’s Run-Around-Yard (ADM facilities) on IC’s Peoria Subdivision, a distance of approximately 0.7 miles. The entire length of the lines is 3.6 miles, all in Decatur, IL. The trackage rights also include the use of: All sidings, yard tracks, and yard leads now existent or hereafter constructed along the tracks; and the right-of-way for the tracks to be used, signals, interlocking devices and plants, telegraph and telephone lines, and other appurtenances necessary to the use of the tracks. The transaction is schedule to be consummated on or shortly after January 3, 2010, the effective date of the exemption (30 days after the exemption is filed). The purpose of the trackage rights is to allow CSXT to provide more efficient service to the ADM facilities, via trackage rights rather than reciprocal switching. 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 1 A redacted version of the trackage rights agreement between IC and CSXT was filed with the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a motion for protective order. The motion is being addressed in a separate decision. E:\FR\FM\18DEN1.SGM 18DEN1 67308 Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Notices sroberts on DSKD5P82C1PROD with NOTICES 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 December 28, 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 VerDate Nov<24>2008 17:33 Dec 17, 2009 Jkt 220001 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. 35325, 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 Louis E. Gitomer, Law Offices of Louis E. PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204, and Steven C. Armbrust, Esq., CSX Transportation, Inc., 500 Water Street J– 150, Jacksonville, FL 32202. Board decisions and notices are available on our Web site at ‘‘https:// www.stb.dot.gov.’’ Decided: December 14, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–30082 Filed 12–17–09; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\18DEN1.SGM 18DEN1

Agencies

[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Pages 67307-67308]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30082]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35325]


CSX Transportation, Inc.--Trackage Rights Exemption--Illinois 
Central Railroad Company

    Pursuant to a written trackage rights agreement, Illinois Central 
Railroad Company (IC) has agreed to grant limited overhead trackage 
rights to CSX Transportation, Inc. (CSXT),\1\ over IC's line of 
railroad between: (1) The Decatur Street road crossing, at or near 
milepost 77.7, and milepost 76.7, on IC's Peoria Subdivision, including 
IC's connection with CSXT, a distance of approximately 1 mile; (2) 
milepost 30.5 and milepost 28.6 on IC's Peoria Subdivision (Green 
Switch Spur), a distance of approximately 1.9 miles; and (3) IC's lead 
track from its connection to the Green Switch Spur to IC's connection 
with the Archer Daniel Midland Company's Run-Around-Yard (ADM 
facilities) on IC's Peoria Subdivision, a distance of approximately 0.7 
miles. The entire length of the lines is 3.6 miles, all in Decatur, IL. 
The trackage rights also include the use of: All sidings, yard tracks, 
and yard leads now existent or hereafter constructed along the tracks; 
and the right-of-way for the tracks to be used, signals, interlocking 
devices and plants, telegraph and telephone lines, and other 
appurtenances necessary to the use of the tracks.
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    \1\ A redacted version of the trackage rights agreement between 
IC and CSXT was filed with the notice of exemption. The full version 
of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was 
concurrently filed under seal along with a motion for protective 
order. The motion is being addressed in a separate decision.
---------------------------------------------------------------------------

    The transaction is schedule to be consummated on or shortly after 
January 3, 2010, the effective date of the exemption (30 days after the 
exemption is filed).
    The purpose of the trackage rights is to allow CSXT to provide more 
efficient service to the ADM facilities, via trackage rights rather 
than reciprocal switching.
    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

[[Page 67308]]

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 
December 28, 2009 (at least 7 days before the exemption becomes 
effective).
    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 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. 35325, 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 Louis E. Gitomer, Law Offices 
of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 
21204, and Steven C. Armbrust, Esq., CSX Transportation, Inc., 500 
Water Street J-150, Jacksonville, FL 32202.
    Board decisions and notices are available on our Web site at 
``https://www.stb.dot.gov.''

    Decided: December 14, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-30082 Filed 12-17-09; 8:45 am]
BILLING CODE 4915-01-P

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