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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