[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Notices]
[Pages 17896-17897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8702]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35110]


Florida Department of Transportation--Acquisition Exemption--
Certain Assets of CSX Transportation, Inc.

    Florida Department of Transportation (FDOT), a noncarrier, has 
filed a verified notice of exemption under 49 CFR

[[Page 17897]]

1150.31 to acquire from CSX Transportation, Inc. (CSXT) certain 
physical assets and associated right-of-way, including approximately 
61.5 miles of rail line, the Orlando Line, extending between milepost 
A-749.7 in DeLand, and milepost A-814-1 in Poinciana, Volusia, 
Seminole, Orange, and Osceola Counties, FL.\1\
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    \1\ FDOT indicates that, due to a relocation project in Sanford, 
FL, the distance between milepost A-768 and milepost A-771 is only 
749 feet. Accordingly, the actual length of the line is 2.9 miles 
shorter than indicated by its milepost termini.
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    FDOT states that it will acquire neither the right nor ability to 
provide or control freight service on the Orlando Line but will develop 
and operate a commuter rail system on the Orlando Line.\2\ CSXT, 
according to FDOT, will continue to provide all common carrier rail 
freight service over the Orlando Line, retaining an exclusive and 
perpetual freight operating easement.\3\
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    \2\ \\ Because, FDOT asserts that it is not acquiring a common 
carrier obligation to provide freight service, FDOT has also 
included a motion to dismiss in this proceeding. The motion will be 
addressed in a subsequent Board decision.
    \3\ Florida Central Railroad Company, Inc., an existing tenant 
of CSXT, will continue to operate over a portion of the Orlando Line 
for purposes of interchanging traffic with CSXT, and the National 
Railroad Passenger Corporation, also an existing tenant of CSXT, 
will continue to operate four daily passenger trains over the length 
of the Orlando Line.
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    FDOT will also obtain an option to acquire from CSXT the physical 
assets and associated right-of-way of CSXT's Aloma Spur extending from 
a connection with the Orlando Line at milepost AU-766.0 in Sanford, to 
milepost AU-771.8, near Airport Boulevard and the Orlando/Sanford 
International Airport, a distance of approximately 5.8 miles, and 
CSXT's DeLand Spur extending from a connection with the Orlando Line at 
milepost ASE-750.3 (DeLand Junction) to milepost ASE-753.3, near 
downtown DeLand, a distance of approximately 3.0 miles. FDOT does not 
intend to acquire the Aloma Spur and DeLand Spur at this time, but they 
are included so that any jurisdictional determination made by the Board 
pursuant to FDOT's motion to dismiss will also cover those tracks.\4\
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    \4\ \\ FDOT does not include a time frame for any future 
transactions. FDOT is put on notice that a substantial lag time 
between the publication of this notice and any future transactions 
could put in doubt the validity of the notice requirements 
pertaining to any new transactions. Accordingly, the Board reserves 
the right to require any future transactions to be noticed in the 
Federal Register before the Board can entertain a motion to dismiss.
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    The transaction is scheduled to take place on June 30, 2009 (after 
the May 3, 2009 effective date of the exemption).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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 will be due no later than April 24, 
2009 (at least 7 days before the effective date of the exemption).
    An original and 10 copies of all pleadings referring to STB Finance 
Docket No. 35110 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 William C. Sippel, 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: April 10, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-8702 Filed 4-16-09; 8:45 am]
BILLING CODE 4915-01-P