40642 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices 

1A 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. 

2On 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. 

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 

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 

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. 

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 


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