ABC & D Recycling, Inc.-Lease and Operation Exemption-a Line of Railroad in Ware, MA, 11991 [2010-5445]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices the relative locations of specific properties with regard to the depicted noise contours, or in interpreting the noise exposure maps to resolve questions concerning, for example, which properties should be covered by the provisions of section 47506 of the Act. These functions are inseparable from the ultimate land use control and planning responsibilities of local government. These local responsibilities are not changed in any way under Part 150 or through FAA’s review of noise exposure maps. Therefore, the responsibility for the detailed overlaying of noise exposure contours onto the map depicting properties on the surface rests exclusively with the airport operator that submitted those maps, or with those public agencies and planning agencies with which consultation is required under section 47503 of the Act. The FAA has relied on the certification by the airport operator, under section 150.21 of FAR Part 150, that the statutorily required consultation has been accomplished. The FAA has formally received the noise compatibility program for Chicago Executive Airport, also effective on January 26, 2009. Preliminary review of the submitted material indicates that it conforms to the requirements for the submittal of noise compatibility programs, but that further review will be necessary prior to approval or disapproval of the program. The formal review period, limited by law to a maximum of 180 days, will be completed on or before October 1, 2010. A public hearing was held on December 4, 2007 at the Chicago Executive Airport. The FAA’s detailed evaluation will be conducted under the provisions of 14 CFR Part 150, section 150.33. The primary considerations in the evaluation process are whether the proposed measures may reduce the level of aviation safety, create an undue burden on interstate or foreign commerce, or be reasonably consistent with obtaining the goal of reducing existing non-compatible land uses and preventing the introduction of additional non-compatible land uses. Interested persons are invited to comment on the proposed program with specific reference to these factors. All comments, other than those properly addressed to local land use authorities, will be considered by the FAA to the extent practicable. Copies of the noise exposure maps, the FAA’s evaluation of the maps, and the proposed noise compatibility program are available for examination at the following locations: Federal Aviation Administration, Chicago Airport District Office, 2300 VerDate Nov<24>2008 17:18 Mar 11, 2010 Jkt 220001 East Devon Avenue, Des Plaines, IL 60018. Chicago Executive Airport, 1020 South Plant Road, Wheeling, IL 60090. Questions may be directed to the individual named above under the heading, FOR FURTHER INFORMATION CONTACT. Issued in Des Plaines, IL on March 1, 2010. James G. Keefer, Manager, Chicago Airports District Office. [FR Doc. 2010–5201 Filed 3–11–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35356] ABC & D Recycling, Inc.—Lease and Operation Exemption—a Line of Railroad in Ware, MA ABC & D Recycling, Inc. (ABC & D), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from O’Riley Family Trust (O’Riley), and to operate 773 feet of rail line, located at milepost 12.8, in Ware, MA. The line is currently operated by the Massachusetts Central Railroad Corporation (MCER).1 ABC & D states that it has and intends to continue to handle construction and demolition debris, and that it obtained and continues to hold all state and local permits necessary in order to handle construction and demolition debris. ABC & D further states that if it wishes to handle solid waste, as defined in the Clean Railroads Act of 2008, it must: (1) Obtain all state and local permits necessary in order to handle such solid waste, or (2) obtain a land-use exemption from the Board for any permits that it is unable to obtain from the state or local government. ABC & D certifies that its projected annual revenues as a result of the transaction will not exceed those that would qualify it as a Class III rail carrier, and further certifies that its projected annual revenues will not exceed $5 million. The transaction is expected to be consummated on March 26, 2010, the effective date of the exemption (30 days after the exemption was filed). 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 1 According to ABC & D, an agreement has been reached with O’Riley to lease and operate the railroad trackage owned by O’Riley. PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 11991 automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than March 19, 2010 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35356, 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 Leonard M. Singer, Office of Leonard M. Singer, 101 Arch Street, Ninth Floor, Boston, MA 02110. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: March 9, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2010–5445 Filed 3–11–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2010 0024] Requested Administrative Waiver of the Coastwise Trade Laws AGENCY: Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel ISLAND STYLE. SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD–2010– 0024 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the E:\FR\FM\12MRN1.SGM 12MRN1

Agencies

[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Notices]
[Page 11991]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5445]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35356]


ABC & D Recycling, Inc.--Lease and Operation Exemption--a Line of 
Railroad in Ware, MA

    ABC & D Recycling, Inc. (ABC & D), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease from O'Riley 
Family Trust (O'Riley), and to operate 773 feet of rail line, located 
at milepost 12.8, in Ware, MA. The line is currently operated by the 
Massachusetts Central Railroad Corporation (MCER).\1\
---------------------------------------------------------------------------

    \1\ According to ABC & D, an agreement has been reached with 
O'Riley to lease and operate the railroad trackage owned by O'Riley.
---------------------------------------------------------------------------

    ABC & D states that it has and intends to continue to handle 
construction and demolition debris, and that it obtained and continues 
to hold all state and local permits necessary in order to handle 
construction and demolition debris. ABC & D further states that if it 
wishes to handle solid waste, as defined in the Clean Railroads Act of 
2008, it must: (1) Obtain all state and local permits necessary in 
order to handle such solid waste, or (2) obtain a land-use exemption 
from the Board for any permits that it is unable to obtain from the 
state or local government.
    ABC & D certifies that its projected annual revenues as a result of 
the transaction will not exceed those that would qualify it as a Class 
III rail carrier, and further certifies that its projected annual 
revenues will not exceed $5 million.
    The transaction is expected to be consummated on March 26, 2010, 
the effective date of the exemption (30 days after the exemption was 
filed).
    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 March 19, 
2010 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35356, 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 Leonard M. Singer, Office of 
Leonard M. Singer, 101 Arch Street, Ninth Floor, Boston, MA 02110.
    Board decisions and notices are available on our Web site at https://www.stb.dot.gov.

    Decided: March 9, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2010-5445 Filed 3-11-10; 8:45 am]
BILLING CODE 4915-01-P
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