[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Notices]
[Page 49241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19135]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35172]


Iowa Northern Railway Company--Temporary Trackage Rights 
Exemption--Union Pacific Railroad Company

    Union Pacific Railroad Company (UP), pursuant to a written trackage 
rights agreement entered into between UP and Iowa Northern Railway 
Company (Iowa Northern), has agreed to grant Iowa Northern overhead 
temporary trackage rights between milepost 81.5 and milepost 86.0 on 
UP's Cedar Rapids Industrial Lead in Cedar Rapids, IA, a distance of 
approximately 4.5 miles.\1\
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    \1\ An amendment was filed on August 8, 2008, referencing the 
correct mileage in this proceeding as 4.5 miles (in lieu of 4.9 
miles as originally filed).
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    The transaction may be consummated on or after September 4, 2008, 
and the temporary trackage rights are intended to expire on May 31, 
2009.\2\ The purpose of the temporary trackage rights is to enable Iowa 
Northern to continue to provide interchange service between Iowa 
Northern and Cedar Rapids and Iowa City Railway (CIC), as a result of 
severe flooding and the resulting loss of CIC's railroad bridge over 
the Cedar River in Cedar Rapids.
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    \2\ Although applicant states that the parties propose 
consummating the transaction on August 31, 2008, no consummation may 
take place under Board rules until September 4, 2008--the effective 
date of the exemption. See 49 CFR 1180.4(g).
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    As a condition to this exemption, any employees affected by the 
acquisition of the temporary 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), and any employees affected by the 
discontinuance of those trackage rights will be protected by the 
conditions set out in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
No. 110-161, Sec.  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.
    This notice is filed under 49 CFR 1180.2(d)(8). 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 transaction. Petitions for stay must be filed no later than 
August 28, 2008 (at least 7 days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35172, 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 T. Scott Bannister, 305 Second 
Street Southeast, Suite 400, Cedar Rapids, IA 52401.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 12, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-19135 Filed 8-19-08; 8:45 am]
BILLING CODE 4915-01-P