[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Notices]
[Page 44437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20748]



[[Page 44437]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35257]


Progressive Rail, Incorporated--Acquisition Exemption--Rail Lines 
of Wisconsin Central, Ltd.

    Progressive Rail, Incorporated (PGR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire 
23.97 miles of railroad from Wisconsin Central, Ltd. (WCL).\1\ One line 
that PGR is acquiring, the Almena-Cameron Branch, extends between 
milepost 80.88, at or near Almena and milepost 97.80, at or near 
Cameron, a distance of 16.92 miles. The other, the Rice Lake-Cameron 
Branch, extends between Milepost 49.0, at or near Cameron, and milepost 
56.05, at or near Rice Lake, a distance of 7.05 miles. Both lines are 
located in Barron County, WI.\2\
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    \1\ PGR currently operates the lines under a lease from WCL. See 
Progressive Rail, Incorporated--Lease and Operation Exemption--Rail 
Lines of Wisconsin Central, Ltd., STB Finance Docket No. 34600 (STB 
served Nov. 12, 2004).
    \2\ Following the consummation of this transaction, PGR states 
that it plans to convey the right-of-way and rail assets to the 
Wisconsin Department of Transportation. PGR will retain the common 
carrier obligation. PGR acknowledges that Board authority is 
required for these transactions.
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    The proposed transaction is scheduled to be consummated on or after 
October 11, 2009.
    PGR certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier. However, because its projected annual revenues will 
exceed $5 million, PGR also has certified to the Board that it has 
complied with the employee notice requirements of 49 CFR 1150.42(e). 
Pursuant to that provision, the exemption may not become effective 
until 60 days from the August 12, 2009 date of the revised 
certification to the Board, which would be October 11, 2009.
    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 transaction. Petitions for stay 
must be filed no later than October 2, 2009 (at least 7 days before the 
exemption becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, section 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. 35257, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on James H. M. Savage, John D. 
Heffner, PLLC, 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: August 24, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-20748 Filed 8-27-09; 8:45 am]
BILLING CODE 4915-01-P