[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Notices]
[Pages 985-986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-47]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35180]


Delray Connecting Railroad Company--Trackage Rights Exemption--
Consolidated Rail Corporation

    Pursuant to a written trackage rights agreement, Consolidated Rail 
Corporation (Conrail) has agreed to grant local trackage rights to 
Delray Connecting Railroad Company (DCRR) from Tecumseh Yard Lead to 
No. 1 and No. 2 Hill Tracks and Marion Track 1 (a/k/a the Marsh 
Industrial Track), Marion Track 2, and Marion Track 3 to their 
connections with Canadian National Railway Company's (CN) line to Zug 
Island.\1\ The entire line of railroad is located in the State of 
Michigan.
---------------------------------------------------------------------------

    \1\ According to DCRR, United States Steel Corporation (USS), a 
noncarrier, owns all of the issued and outstanding stock of 
Transtar, Inc. (Transtar), which is a noncarrier holding company. 
Transtar owns all of the issued and outstanding stock of seven 
common carrier railroads, including DCRR, a Class III rail carrier. 
Conrail is the owner and operator of certain railroad tracks that 
connect with both Tecumseh Yard and track owned by CN.

---------------------------------------------------------------------------

[[Page 986]]

    DCRR states that the trackage rights agreement has been consummated 
but that, after it was consummated, USS management was advised by 
counsel that a grant of trackage rights would require Board approval. 
Thus, this notice of exemption is filed on a nunc pro tunc basis. Under 
49 CFR 1180.4(g), in order to qualify for an exemption under 49 CFR 
1180.2(d), a railroad must file a verified notice of the transaction 
with the Board at least 30 days in advance of consummation. In this 
case, the verified notice was filed on December 24, 2008. Therefore, 
the earliest this transaction could be consummated is January 23, 2009, 
the effective date of the exemption (30 days after the exemption was 
filed). The purpose of the trackage rights is to permit DCRR to move 
trains consisting of empty ``bottle cars'' between Tecumseh Yard and 
CN's line to USS's facility on Zug Island, which will enhance 
operational efficiencies.
    As a condition to this exemption, any employees affected by the 
acquisition of 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 it 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 
by January 16, 2009 (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. 35180, 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 A. Vuono, Esq., Vuono & 
Gray, LLC, 310 Grant Street, Suite 2310 Grant Building, Pittsburgh, PA 
15219; and Robert N. Gentile, Esq., Assistant General Counsel-
Commercial, Intellectual Property & Special Litigation, United States 
Steel Corporation, 600 Grant Street 18th Floor, Room 1880, Pittsburgh, 
PA 15219.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: January 2, 2009.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E9-47 Filed 1-8-09; 8:45 am]
BILLING CODE 4915-01-P