[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Notices]
[Page 45670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21267]


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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\
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    \1\ Heritage 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).
    \2\ On 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.
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    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