52294 Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Notices 

9 17 CFR 200.30–3(a)(12). 

1By decision and notice served on July 27, 2001, 

in STB Docket No. AB–55 (Sub–No. 586X), CSXT 

was granted an exemption from the prior approval 

requirements of 49 U.S.C. 10903 to abandon a larger 

rail line between milepost OKW 333.40, and 

milepost OKW 334.24. That exemption included 

the smaller line segment at issue here, between 

milepost OKW 333.40 and milepost OKW 333.62. 

CSXT allowed the abandonment authority for this 

smaller segment to expire when it did not, by July 

27, 2002, file with the Board a notice of 

consummation of abandonment of this smaller 

segment. 

2The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as possible 

so that the Board may take appropriate action before 

the exemption’s effective date. 

3Each OFA must be accompanied by the filing 

fee, which is currently set at $1,500. See 49 CFR 

1002.2(f)(25). 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–MSRB–2009–15 and should 

be submitted on or before October 30, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–24354 Filed 10–8–09; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–55 (Sub–No. 699X)] 

CSX Transportation, Inc.— 

Abandonment Exemption—in McMinn 

County, TN 

CSX Transportation, Inc. (CSXT) has 

filed a notice of exemption under 49 

CFR 1152 Subpart F—Exempt 

Abandonments to abandon a 0.22-mile 

line of railroad on CSXT’s Southern 

Region, Huntington-West Division, KD 

Subdivision, extending from milepost 

OKW 333.40 to milepost OKW 333.62, 

in Athens, McMinn County, TN.1 The 

line traverses United States Postal 

Service Zip Code 37303. 

CSXT has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) any overhead traffic on 

the line can be rerouted over other lines; 

(3) no formal complaint filed by a user 

of rail service on the line (or by a state 

or local government entity acting on 

behalf of such user) regarding cessation 

of service over the line either is pending 

with the Board or with any U.S. District 

Court or has been decided in favor of 

complainant within the 2-year period; 

and (4) the requirements of 49 CFR 

1105.7 (environmental report), 49 CFR 

1105.8 (historic report), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.— 

Abandonment—Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on 

November 10, 2009, unless stayed 

pending reconsideration. Petitions to 

stay that do not involve environmental 

issues,2 formal expressions of intent to 

file an OFA under 49 CFR 

1152.27(c)(2),3 and trail use/rail banking 

requests under 49 CFR 1152.29 must be 

filed by October 19, 2009. Petitions to 

reopen or requests for public use 

conditions under 49 CFR 1152.28 must 

be filed by October 29, 2009, with the 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. 

A copy of any petition filed with the 

Board should be sent to CSXT’s 

representative: Kathryn R. Barney, 500 

Water Street, J–150, Jacksonville, FL 

32202. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

CSXT has filed environmental and 

historic reports which address the 

effects, if any, of the abandonment on 

the environment and historic resources. 

SEA will issue an environmental 

assessment (EA) by October 16, 2009. 

Interested persons may obtain a copy of 

the EA by writing to SEA (Room 1100, 

Surface Transportation Board, 

Washington, DC 20423–0001) or by 

calling SEA, at (202) 245–0305. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339.] Comments on 

environmental and historic preservation 

matters must be filed within 15 days 

after the EA becomes available to the 

public. 

Environmental, historic preservation, 

public use, or trail use/rail banking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), CSXT shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the line. If 

consummation has not been effected by 

CSXT’s filing of a notice of 

consummation by October 9, 2010, and 

there are no legal or regulatory barriers 

to consummation, the authority to 

abandon will automatically expire. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: October 2, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–24258 Filed 10–8–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Senior Executive Service; 

Departmental Offices Performance 

Review Board 

AGENCY: Treasury Department. 

ACTION: Notice of members of the 

Departmental Offices Performances 

Review Board. 

SUMMARY: Pursuant to 5 U.S.C. 

4314(c)(4), this notice announces the 

appointment of members of the 

Departmental Offices Performance 

Review Board (PRB). The purpose of 

this Board is to review and make 

recommendations concerning proposed 

performance appraisals, ratings, bonuses 

and other appropriate personnel actions 

for incumbents of SES positions in the 

Departmental Offices, excluding the 

Legal Division. The Board will perform 

PRB functions for other bureau 

positions if requested. 

Composition of Departmental Offices 

PRB: The Board shall consist of at least 

three members. In the case of an 

appraisal of a career appointee, more 

than half the members shall consist of 

career appointees. The names and titles 

of the Board members are as follows: 

Coloretti, Nani Ann, Deputy Assistant 

Secretary for Management and 

Budget. 

Dohner, Robert S., Deputy Assistant 

Secretary for South and East Asia. 

Duffy, Michael D., Deputy Assistant 

Secretary for Information Systems and 

Chief Information Officer. 

Fitzpayne, Alistair M., Deputy Chief of 

Staff. 

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