45670 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 

1Heritage Railroad Corporation, a wholly owned 

subsidiary of Community Reuse Organization of 

East Tennessee, currently operates the line pursuant 

to a perpetual easement for a railroad right-of-way 

granted by the DOE. See Heritage Railroad 

Corporation—Lease and Operation Exemption— 

Rail Line of United States Department of Energy, 

STB Finance Docket No. 34372 (STB served July 23, 

2003). 

2On August 21, 2009, ES filed a corrected 

verified notice of exemption stating that there are 

approximately 3 miles of spur tracks more or less, 

rather than 7.5 miles as erroneously stated. 

the exhibition: ‘‘Gifts from the 

Ancestors: Ancient Ivories of Bering 

Strait,’’ imported from abroad for 

temporary exhibition within the United 

States, are of cultural significance. The 

objects are imported pursuant to loan 

agreements with the foreign owners or 

custodians. I also determine that the 

exhibition or display of the exhibit 

objects at Princeton University Art 

Museum, Princeton, NJ, from on or 

about October 3, 2009, until on or about 

January 10, 2010, and at possible 

additional exhibitions or venues yet to 

be determined, is in the national 

interest. Public Notice of these 

Determinations is ordered to be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Julie 

Simpson, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6467). The 

address is U.S. Department of State, 

L/PD, SA–5, 2200 C Street, NW., Suite 

5H03, Washington, DC 20522–0505. 

Dated: August 27, 2009. 

Maura M. Pally, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. E9–21310 Filed 9–2–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35288] 

Energy Solutions, LLC, d.b.a. Heritage 

Railroad Corporation—Acquisition and 

Operation Exemption—Heritage 

Railroad Corporation 

Energy Solutions, LLC, d.b.a. Heritage 

Railroad Corporation (ES), a noncarrier, 

has filed a verified notice of exemption 

under 49 CFR 1150.31 to acquire from 

the United States Department of Energy 

(DOE), and to operate a rail line 

approximately 7 miles long between 

milepost 0.0, at a point of connection 

with a rail line of Norfolk Southern 

Railway Company, at Blair, TN, and the 

end of the line at milepost 7.0, at or near 

Oak Ridge, TN.1 This line also includes 

approximately 3 miles of spur tracks.2

The transaction is expected to be 

consummated on or after September 17, 

2009 (30 days after the exemption was 

filed). 

ES certifies that its projected annual 

revenues as a result of this transaction 

will not result in ES becoming a Class 

II or Class I rail carrier. ES further 

certifies that its projected annual 

revenues upon becoming a Class III 

carrier will not exceed $5 million. 

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. 

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. Petitions to stay must be 

filed no later than September 10, 2009 

(at least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35288, 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 Thomas F. 

McFarland, Thomas F. McFarland, P.C., 

208 South LaSalle Street, Suite 1890, 

Chicago, IL 60604–1112. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: August 28, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–21267 Filed 9–2–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2001–9258; FMCSA– 

2001–9561; FMCSA–2003–15268; FMCSA– 

2007–27333] 

Qualification of Drivers; Exemption 

Renewals; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA previously 

announced its decision to renew the 

exemptions from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations for 20 individuals. FMCSA 

has statutory authority to exempt 

individuals from the vision requirement 

if the exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemptions will provide a level of safety 

that will be equivalent to, or greater 

than, the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

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– 

224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 p.m. 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.gov 

Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption for a 2- 

year period if it finds ‘‘such exemption 

would likely achieve a level of safety 

that is equivalent to, or greater than, the 

level that would be achieved absent 

such exemption.’’ The statute also 

allows the Agency to renew exemptions 

at the end of the 2-year period. The 

comment period ended on August 17, 

2009. 


pwalker on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 45671 

1As required by 49 CFR 1180.6(a)(7)(ii), INRD 

states that it will submit a copy of the executed 

agreement within 10 days of the date the agreement 

is executed. 

2 INRD notes that it already interchanges traffic 

with CSXT at Avon Yard pursuant to an 

interchange agreement between the parties. 

3See The Indiana Rail Road Company—Trackage 

Rights Exemption—Consolidated Rail Corporation, 

STB Finance Docket No. 33380 (STB served Apr. 

30, 1997). 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Conclusion 

The Agency has not received any 

adverse evidence on any of these drivers 

that indicates that safety is being 

compromised. Based upon its 

evaluation of the 20 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Morris R. 

Beebe, II, James A. Busbin, Jr., Domenic 

J. Carassai, Fred W. Duran, Bruce E. 

Hemmer, Steven P. Holden, Russell R. 

Inlow, Christopher G. Jarvela, Donald L. 

Jensen, Darrell D. Kropf, Brad L. 

Mathna, Vincent P. Miller, Warren J. 

Nyland, Dennis M. Prevas, Greg L. Riles, 

Robert N. Taylor, Calvin D. Tomlinson, 

Wesley E. Turner, Mona J. VanKrieken, 

and Paul S. Yocum. 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each renewal exemption will 

be valid for 2 years unless revoked 

earlier by FMCSA. The exemption will 

be revoked if: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136 and 31315. 

Issued on: August 27, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–21196 Filed 9–2–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35283] 

The Indiana Rail Road Company— 

Trackage Rights Exemption—CSX 

Transportation, Inc. 

Pursuant to a written trackage rights 

agreement (Agreement),1 CSX 

Transportation, Inc. (CSXT), has agreed 

to grant non-exclusive overhead 

trackage rights to The Indiana Rail Road 

Company (INRD) over CSXT’s: (1) 

Indianapolis Belt Subdivision between 

the connection of INRD with CSXT at 

CSXT MP QIB 5.3 and the Hoosier 

Heritage Railroad in the vicinity of 

CSXT MP QIB 13.5, a distance of 

approximately 8.2 miles; (2) Hamilton 

Connection between CSXT MP QIB 9.0, 

approximately, and the point of INRD’s 

State Street Yard leased property in the 

vicinity of CSXT’s Indianapolis 

Subdivision MP BD 122.0, a distance of 

approximately 0.5 miles; (3) Hamilton 

and Prospect Wye Tracks in the vicinity 

of CSXT MP QIB 9.0 for the purpose of 

entry into and exit from CSXT’s 

Hawthorne Yard; (4) Indianapolis 

Subdivision between Hamilton 

Connection at CSXT MP BD 122.0 

approximately, and CP IU at CSXT MP 

BD 126.5, a distance of approximately 

4.5 miles; (5) Indianapolis Terminal 

Subdivision between CP IU at CSXT MP 

QI 283.7 and CP AN at the west end of 

CSXT’s Avon Yard at CSXT MP QS 

12.5, a distance of approximately 12.7 

miles; (6) Louisville Secondary 

Subdivision between CSXT MP QSL 4.0 

at the connection with Louisville & 

Indiana Railroad Co. (LIRC) and CSXT 

MP QSL 0.0, a distance of 4 miles, 

including use of wye tracks in the 

northeast and southeast quadrants at CP 

Dale, and wye tracks in the southeast 

and southwest quadrants at CP IU; (7) 

Crawfordsville Branch between CP IJ at 

CSXT MP QSC 0.7 and the connection 

to the Indianapolis Terminal 

Subdivision at CP South Hunt at CSXT 

MP QSC 8.6, a distance of 

approximately 7.9 miles; and (8) 

Shelbyville Secondary Subdivision 

between the connection with the 

Indianapolis Belt Subdivision at CSXT 

MP QSS 106.9 and CP IU at CSXT MP 

QSS 109.3, a distance of approximately 

2.4 miles. 

The transaction is scheduled to be 

consummated on September 18, 2009, 

or the effective date of the exemption 

(30 days after the amendment to the 

notice of exemption was filed), 

whichever is later. The purpose of the 

trackage rights agreement is (i) to grant 

INRD trackage rights which will permit 

INRD to deliver and retrieve carload 

haulage traffic to and from LIRC at 

CSXT’s Avon Yard,2 (ii) to grant INRD 

trackage rights which will permit it to 

deliver and retrieve unit train haulage 

traffic directly to and from LIRC, (iii) to 

confirm INRD’s rights to serve 

customers in State Street Yard where it 

operates a plastics transloading facility 

on track leased from CSXT, and (iv) to 

revise the commercial terms of an 

existing trackage rights agreement.3

According to INRD, the trackage rights 

granted in the Agreement will permit 

several routings for INRD’s traffic 

moving to and from Avon Yard for 

delivery or retrieval of haulage traffic 

with LIRC, providing CSXT’s 

dispatchers with the greatest flexibility 

in routing INRD traffic to and from 

Avon Yard through the congested 

Indianapolis Terminal area. 

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. 

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. 35283, 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 

Broadley, John H. Broadley & 

Associates, P.C., 1054 31st Street, NW., 

Suite 200, Washington, DC 20007. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: August 27, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–21048 Filed 9–2–09; 8:45 am] 

BILLING CODE 4915–01–P 


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