Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices 9019 

1A redacted version of the proposed trackage 

rights agreement between UP and WSOR was filed 

with the notice of exemption. The full version of 

the draft agreement was concurrently filed under 

seal along with a motion for protective. The motion 

is being addressed in a separate decision. As 

required by 49 CFR 1180.6(a)(7)(ii), the parties must 

filed a copy of the executed agreement within 10 

days of the date the agreement is executed. 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC on February 23, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–4207 Filed 2–26–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2009–0010] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

WINDSONG. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2009– 

0010 at http://www.regulations.gov. 

Interested parties may comment on the 

effect this action may have on U.S. 

vessel builders or businesses in the U.S. 

that use U.S.-flag vessels. If MARAD 

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR part 388 (68 FR 23084; April 

30, 2003), that the issuance of the 

waiver will have an unduly adverse 

effect on a U.S.-vessel builder or a 

business that uses U.S.-flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

March 30, 2009. 

ADDRESSES: Comments should refer to 

docket number MARAD–2009–0010. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

Internet at http://www.regulations.gov. 

All comments will become part of this 

docket and will be available for 

inspection and copying at the above 

address between 10 a.m. and 5 p.m., 

E.T., Monday through Friday, except 

federal holidays. An electronic version 

of this document and all documents 

entered into this docket is available on 

the World Wide Web at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel WINDSONG is: 

Intended Use: ‘‘Sailing instruction 

and pleasure charter.’’ 

Geographic Region: ‘‘MA, CT, NY, NJ, 

DE, MD, VA, NC, SC, GA, FL’’ 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Dated: February 19, 2009. 

By Order of the Maritime Administrator. 

Leonard Sutter, 

Secretary, Maritime Administration. 

[FR Doc. E9–4154 Filed 2–26–09; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35191] 

Wisconsin & Southern Railroad Co.— 

Trackage Rights Exemption—Union 

Pacific Railroad Company 

Pursuant to a written trackage rights 

agreement, Union Pacific Railroad 

Company (UP) has agreed to grant 

overhead trackage rights to Wisconsin & 

Southern Railroad Co. (WSOR) over a 

line of railroad extending between UP 

milepost 4.0 in Kohler, WI, and UP 

milepost 1.2 at Kohler Junction near 

Sheboygan, WI, a distance of 

approximately 2.8 miles.1

This transaction is related to a 

concurrently filed petition for 

exemption for the acquisition and 

operation of certain other rail lines in 

Wisconsin & Southern Railroad Co.— 

Acquisition and Operation Exemption— 

Union Pacific Railroad Company, STB 

Finance Docket No. 35144. In that 

proceeding, WSOR seeks an exemption 

under 49 U.S.C. 10502 to acquire and 

operate a permanent exclusive freight 

operating easement over 10.95 miles of 

railroad known as the Kohler Industrial 

Lead that is currently owned by UP. 

WSOR states that the State of Wisconsin 

Department of Transportation (WisDot) 

has executed an agreement to purchase 

the right-of-way and railroad assets 

comprising the line from UP, with 

WSOR to acquire the freight easement 

and associated common carrier 

obligation directly from UP. WSOR also 

seeks to acquire and operate 

approximately 1,000 feet of UP spur 

track. WSOR has requested expedited 

action in this proceeding. 

This transaction is also related to a 

concurrently filed petition for 

declaratory order in Wisconsin 

Department of Transportation—Petition 

for Declaratory Order—Rail Line in 

Sheboygan County, WI, STB Finance 

Docket No. 35195. In that proceeding, 

WisDot seeks a finding that its 

acquisition of the right-of-way and 

railroad assets will not render it a rail 

common carrier. 

WSOR states that it proposes to 

consummate this transaction on or 

about April 15, 2009. 

The trackage rights agreement will 

allow WSOR to provide rail service to 

the facilities of the Cargill Malt Plant in 

Kohler and to interchange with UP in 

Sheboygan. 

Pursuant to the Consolidated 

Appropriations Act, 2008, Public Law 

No. 110–161, § 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 


rwilkins on PROD1PC63 with NOTICES2
9020 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices 

of the Solid Waste Disposal Act, 42 

U.S.C. 6903. 

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. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35191, 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 D. 

Heffner, 1750 K Street, NW., Suite 200, 

Washington, DC 20006, and on Mack H. 

Schumate, Union Pacific Railroad 

Company, 101 N. Wacker Drive, Suite 

1920, Chicago, IL 60606. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: February 20, 2009. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–4065 Filed 2–26–09; 8:45 am] 

BILLING CODE 4915–01–P 


rwilkins on PROD1PC63 with NOTICES2