11996 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 

1Regional owns 100% of the issued and 

outstanding shares of Middletown. 

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 verified 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 for stay must 

be filed no later than March 27, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35227, 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 Karl Morell, 

1455 F Street, NW., Suite 225, 

Washington, DC 20005. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: March 12, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–5783 Filed 3–19–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35228] 

Regional Rail, LLC—Continuance in 

Control Exemption—Middletown and 

New Jersey Railroad, LLC 

Regional Rail, LLC (Regional), a 

noncarrier, has filed a verified notice of 

exemption to continue in control of 

Middletown and New Jersey Railroad, 

LLC (Middletown), upon Middletown’s 

becoming a Class III rail carrier.1

This transaction is related to a 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

35227, Middletown and New Jersey 

Railroad, LLC—Acquisition and 

Operation Exemption—Middletown & 

New Jersey Railway Co., Inc. In that 

proceeding, Middletown seeks an 

exemption under 49 CFR 1150.31 to 

acquire and operate 6.5 miles of rail line 

in New York owned by Middletown & 

New Jersey Railway Co., Inc. 

The parties intend to consummate the 

transaction on or shortly after April 5, 

2009, the effective date of the 

exemption. 

Regional is a Delaware limited 

liability company that currently controls 

East Penn Railroad, LLC, a Class III rail 

carrier that operates rail lines in 

Pennsylvania and Delaware. Regional 

states that the purpose of the proposed 

transaction is to reduce overhead 

expenses and coordinate billing, 

maintenance, mechanical, and 

personnel policies and practices of its 

rail carrier subsidiaries, thereby 

improving the overall efficiency of rail 

service provided by the two railroads. 

Regional represents that: (1) The rail 

line to be acquired by Middletown does 

not connect with any other railroad in 

its corporate family; (2) the transaction 

is not part of a series of anticipated 

transactions that would connect the rail 

line with any other railroad in its 

corporate family; and (3) the transaction 

does not involve a Class I rail carrier. 

Therefore, the transaction is exempt 

from the prior approval requirements of 

49 U.S.C. 11323. See 49 CFR 

1180.2(d)(2). 

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. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

If the verified 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 no later than March 27, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35228, 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 Karl Morell, 

1455 F Street, NW., Suite 225, 

Washington, DC 20005. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: March 12, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–5781 Filed 3–19–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Art Advisory Panel—Notice of 

Availability of Report of 2008 Closed 

Meetings 

AGENCY: Internal Revenue Service, 

Treasury. 

ACTION: Notice. 

SUMMARY: Pursuant to 5 U.S.C. app. I 

section 10(d), of the Federal Advisory 

Committee Act, and 5 U.S.C. section 

552b, the Government in the Sunshine 

Act, a report summarizing the closed 

meeting activities of the Art Advisory 

Panel during 2008 has been prepared. A 

copy of this report has been filed with 

the Assistant Secretary of the Treasury 

for Management. 

DATES: Effective Date: This notice is 

effective March 20, 2009. 

ADDRESSES: The report is available for 

public inspection and requests for 

copies should be addressed to: Internal 

Revenue Service, Freedom of 

Information Reading Room, Room 1621, 

1111 Constitution Avenue, NW., 

Washington, DC 20224, telephone 

number (202) 622–5164 (not a toll free 

number). The report is also available at 

http://www.irs.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karen Carolan, AP:ART, Internal 

Revenue Service/Appeals, 1099 14th 

Street, NW., Washington, DC 20005, 

telephone (202) 435–5609 (not a toll free 

telephone number). 

SUPPLEMENTARY INFORMATION: The 

Commissioner of Internal Revenue has 

determined that this document is not a 

major rule as defined in Executive Order 

12291 and that a regulatory impact 

analysis, therefore, is not required. 

Neither does this document constitute a 

rule subject to the Regulatory Flexibility 

Act (5 U.S.C. Chapter 6). 

Douglas H. Shulman, 

Commissioner of Internal Revenue. 

[FR Doc. E9–6062 Filed 3–19–09; 8:45 am] 

BILLING CODE 4830–01–P