Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 10991 

1By a separate decision served on March 10, 

2009, the Board issued a protective order in this 

proceeding. 

2As UP refers to them, HTUAs are defined by the 

Transportation Security Administration (TSA) at 49 

CFR 1580.3. 

S.P No. S.P No. Applicant Regulation(s) Nature of special permit thereof 

DENIED 

8006–M ........ Request by JA–RU, Inc., Jacksonville, FL, February 25, 2009. To modify the special permit to authorize the transportation in 

commerce of certain toy caps by JaRu customers between their distribution centers and their retail stores without meeting the 

marking and packaging requirements. 

14742–N ...... Request by Strong Environmental, Inc., Norcross, GA, October 01, 2008. To authorize the manufacture, marking, sale and use 

of a UN standard 4G fiberboard box for use as the outer packaging for lab pack applications in accordance with § 173.12(b). 

14774–N ...... Request by Mercury Marine, Fond du Lac, WI, January 13, 2009. To authorize the transportation in commerce of internal combustion engines that contain small amounts of hazardous materials residue by cargo vessel. 

14730–N ...... Request by ITW Military Products, Waterbury, CT, August 12, 2008. 

11827–M ...... ........................... NRS Logistics, White 

Plains, NY.

49 CFR 180.605(c)(1); 

180.352(b)(3).

To modify the special permit to authorize rail 

cargo as an approved transportation. 

14729–N ...... ........................... Veolia ES Technical Solutions, L.L.C., Flanders, NJ.49 CFR 172.102(c) Special Provision 36.To authorize the transportation in commerce of 

certain waste medicines in packagings that exceed the maximum authorized net quantity as 

required by Special Provision 36 when transported by motor vehicle. (mode 1) 

14738–N ...... ........................... Bridgeview Aerosol, LLC, 

Bridgeview, IL.

49 CFR 171.8 ................. To authorize the transportation in commerce of 

pure compressed gas as an ‘aerosol.’ (mode 1) 

14775–N ...... ........................... Source Production & 

Equipment Co., Inc., 

St. Rose, LA.

49 CFR 173.416 ............. To authorize the continued transportation in commerce of one 2OWC packaging containing radioactive material after October 1, 2008. (mode 

1) 

14804–N ...... ........................... Cordstrap USA, Inc., 

Racine, WI.

49 CFR 174.55(a) .......... To authorize the use of a corded polyester lashing 

securement system for blocking and bracing 

hazardous materials transported by rail. (mode 

2) 

EE 14783–N ........................... New York State Department of Environmental 

Conservation, Albany, 

NY.

49 CFR 173.240, 

173.241.

To authorize the transportation in commerce of 

PCB capacitors in non-DOT specification bulk 

containers. (mode 1) 

[FR Doc. E9–5005 Filed 3–12–09; 8:45 am] 

BILLING CODE 4910–60–M 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35219] 

Union Pacific Railroad Company— 

Petition for Declaratory Order 

AGENCY: Surface Transportation Board. 

ACTION: Institution of declaratory order 

proceeding; request for comments. 

SUMMARY: In response to a petition filed 

by Union Pacific Railroad Company 

(UP) on February 18, 2009, the Board is 

instituting a declaratory order 

proceeding under 49 U.S.C. 721 and 5 

U.S.C. 554(e).1 UP requests that the 

Board determine the extent of the 

common carrier obligation to quote rates 

for new, lengthy movements of chlorine, 

a toxic inhalation hazard (TIH), where 

the transportation would require 

movement through High Threat Urban 

Areas (HTUAs) 2 and other large 

communities to destinations where, 

according to UP, an ample supply of 

chlorine is available from nearby 

sources. The Board seeks public 

comment on this matter. 

DATES: Replies to UP’s petition and 

comments are due by March 31, 2009. 

UP’s rebuttal and reply to comments are 

due by April 20, 2009. 

ADDRESSES: Comments may be 

submitted either via the Board’s e-filing 

format or in the traditional paper 

format. Any person using e-filing should 

attach a document and otherwise 

comply with the instructions at the EFILING link on the Board’s website, at 

http://www.stb.dot.gov. Any person 

submitting a filing in the traditional 

paper format should send an original 

and 10 copies, referring to STB Finance 

Docket No. 35219, to: Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001. In 

addition, send one copy of comments to 

UP’s representative, Tonya W. Conley, 

Union Pacific Railroad Company, 1400 

Douglas Street, Omaha, NE 68179. 

Copies of written comments will be 

available for viewing and self-copying at 

the Board’s Public Docket Room, Room 

131, and will be posted to the Board’s 

Web site. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Strafford, (202) 245–0356. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at: 1– 

800–877–8339]. 

SUPPLEMENTARY INFORMATION: UP, as a 

rail common carrier, has an obligation 

under 49 U.S.C. 11101(b) to provide 

common carrier rates and other service 

terms upon reasonable request. UP’s 

petition for declaratory order seeks to 

address a recent request from a 

customer for common carriage rates for 

the transportation of chlorine from Utah 

to destinations in or near Houston and 

Dallas, TX, and Allemania and 

Plaquemine, LA. These movements 

would average 1,900 miles in distance 

and travel through two HTUAs and 

several other large cities. UP declined to 

quote rates for these movements, 

pending the outcome of this proceeding, 

because, according to UP, the risk of 

potential exposure from long distance 

shipments of chlorine is unnecessary 

where all four of these destinations are 

located less than 300 miles from ample 

alternate chlorine supplies. UP asserts 

that the facilities in both Allemania and 

Plaquemine have alternate chlorine 

sources accessible by rail within 70 

miles, none of which will route through 

any HTUAs, and that the facilities in 

Houston and Dallas have alternative 

chlorine sources within 300 miles, with 

potential sources located in the Houston 

metropolitan area. UP also asserts that 

other governmental agencies have 


sroberts on PROD1PC70 with NOTICES
10992 Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 

1EJ&E and IC are wholly owned indirect 

subsidiaries of Canadian National Railway 

Corporation (CN). 

1A redacted version of the trackage rights 

agreement between WC and IC was filed with the 

notice of exemption. The full version was 

concurrently filed under seal along with a motion 

for protective order, which will be addressed in a 

separate decision. 

requested that it find ways to reduce 

TIH shipments in order to reduce TIH 

transportation risks. 

On July 22, 2008, the Board held a 

public hearing in STB Ex Parte 677 

(Sub-No. 1) to examine issues related to 

the common carrier obligation of 

railroads with respect to the 

transportation of hazardous materials. 

Comments were filed in that proceeding 

by the railroads (including UP) and TIH 

shippers. Many of the comments 

touched on the issues that are likely to 

arise in this proceeding. Thus, the 

parties that participated in STB Ex Parte 

677 (Sub-No. 1) may have an interest in 

the issues raised in this proceeding. 

Under 5 U.S.C. 554(e), the Board has 

discretionary authority to issue a 

declaratory order to terminate a 

controversy or remove uncertainty. A 

declaratory order proceeding is thus 

instituted in this proceeding to invite 

broad public comment. Any person 

seeking to comment on UP’s petition 

may submit written comments to the 

Board regarding the extent of UP’s 

common carrier obligation to quote rates 

for new, lengthy movements of chlorine, 

where the transportation would require 

movement through HTUAs and other 

large communities to destinations where 

an ample supply of chlorine may be 

available from nearby sources. 

In its petition, UP urges the Board to 

consult with TSA and the Federal 

Railroad Administration (FRA) because 

UP suggests that a decision by the Board 

in this proceeding could conflict with 

TSA and FRA policies. Because the 

Board’s consideration of the issues 

raised by UP’s petition may relate to 

statutes and regulations governed by 

TSA, FRA, and other agencies, any 

agency with an interest in the outcome 

of these issues is encouraged to 

comment. 

Board decisions, notices, and filings 

in this and other Board proceedings are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: March 10, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–5456 Filed 3–12–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35224] 

Elgin, Joliet & Eastern Railway 

Company—Intra-Corporate Family 

Lease Exemption—Illinois Central 

Railroad Company 

Elgin, Joliet & Eastern Railway 

Company (EJ&E), a Class II rail common 

carrier, filed a verified notice of 

exemption under 49 CFR 1180.2(d)(3) 

for an intra-corporate family lease of a 

line of railroad of Illinois Central 

Railroad Company (IC), a Class I rail 

common carrier, in Will County, IL.1

Pursuant to the lease agreement entered 

into by EJ&E and IC, EJ&E will lease 

from IC a line of rail from milepost 41.0 

to milepost 39.43, near Plaines, IL, a 

distance of approximately 1.57 miles. IC 

will retain its right to use the line to 

serve any future industries on the line 

and to access IC’s other rail operations 

in the Joliet, IL area. 

The transaction is scheduled to be 

consummated on or shortly after March 

29, 2009, the effective date of the 

exemption. 

The purpose of the transaction is to 

allow EJ&E to store and spot railroad 

cars delivered to a local power company 

and thereby increase operating 

efficiency. 

This is a transaction within a 

corporate family of the type specifically 

exempted from prior review and 

approval under 49 CFR 1180.2(d)(3). 

EJ&E states that the transaction will not 

result in adverse changes in service 

levels, significant operational changes, 

or any change in the competitive 

balance between IC/EJ&E and carriers 

outside the CN corporate family. 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. As a condition to the use of 

this exemption, any employees 

adversely affected by this transaction 

will be protected by the conditions set 

forth 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). 

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 transaction. 

Petitions for stay must be filed no later 

than March 20, 2009 (at least 7 days 

before the exemption becomes 

effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35224, must be filed with 

the Surface Transportation Board, 395 E 

Street, NW., Washington, DC 20423– 

0001. In addition, one copy of each 

pleading must be served on Michael J. 

Barron, Jr., Fletcher & Sippel LLC, 29 

North Wacker Drive, Suite 920, Chicago, 

IL 60606–2832. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: March 4, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–5129 Filed 3–12–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35223] 

Illinois Central Railroad Company— 

Trackage Rights Exemption— 

Wisconsin Central Ltd. 

Pursuant to a written trackage rights 

agreement entered into between Illinois 

Central Railroad Company (IC) and 

Wisconsin Central Ltd. (WC), IC has 

agreed to grant non-exclusive overhead 

and interchange trackage rights to WC 

over IC’s line of railroad between 

milepost 31.6 at University Park, IL 

(Stuenkel Road), and milepost 20.1 at 

Harvey, IL (South Junction), a distance 

of approximately 11.5 miles (line).1

The transaction may be consummated 

on or after March 28, 2009, the effective 

date of the exemption (30 days after the 

exemption was filed). 

The purpose of the proposed 

transaction is to enable WC to handle 

efficiently overhead and interchange 

freight movements between University 

Park and Harvey. Under the trackage 

rights agreement, WC shall not perform 

any local freight service on the line. WC 

does not indicate that the transaction 

imposes interchange commitments. See 

49 CFR 1180.4(g)(4). 

As a condition to this exemption, any 

employees affected by the acquisition of 


sroberts on PROD1PC70 with NOTICES