Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 25799 

1STB Finance Docket No. 35249 is also related to 

STB Finance Docket No. 35247, Grenada Railway, 

LLC—Acquisition and Operation Exemption— 

Illinois Central Railroad Company and Waterloo 

Railway Company, wherein Grenada has filed a 

notice of exemption to acquire and operate lines of 

ICR and Waterloo Railway Company. 

Waterloo Railway Company (WLOO) 

approximately 11.42 miles of line 

between milepost 603.0 at Water Valley 

Junction, MS, and milepost 614.42 at 

Bruce Junction, MS. This transaction is 

also related to STB Finance Docket No. 

35248, Natchez Railway, LLC— 

Acquisition and Operation Exemption— 

Illinois Central Railroad Company, 

wherein Natchez seeks to acquire from 

ICR and to operate approximately 65.6 

route miles of rail line between milepost 

86.0 near Brookhaven, and milepost 

148.34 in Natchez, including the 

International Paper Spur in Natchez, all 

in Mississippi. 

The transactions are scheduled to be 

consummated on or after June 12, 2009 

(30 days after the notices of exemption 

were filed). 

Mr. Schumacher is a noncarrier that 

currently controls four rail carriers: the 

Tulare Valley Railroad Company; Kern 

Valley Railroad Company; V&S 

Railroad, Inc.; and Gloster Southern 

Railroad Company LLC. Mr. 

Schumacher states that Grenada and 

Natchez are two newly organized Class 

III rail carriers. Under the purchase 

agreement between Grenada, ICR, and 

WLOO, ICR granted Grenada the right to 

operate on its tracks to Memphis, TN, 

on the north, and to Canton on the south 

for the sole purpose of interchanging 

traffic with ICR. Also, ICR will retain 

overhead trackage rights on the line of 

railroad it is selling to Grenada. 

Mr. Schumacher states that: (1) The 

rail lines to be acquired do not connect 

with each other or with the lines of any 

other railroad controlled by Mr. 

Schumacher; (2) the continuance in 

control is not part of a series of 

anticipated transactions that would 

connect the rail lines with each other or 

with any railroads controlled by Mr. 

Schumacher; and (3) the transaction 

does not involve a Class I railroad. 

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. Petitions for stay must 

be filed no later than June 5, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35249, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, a copy must be served 

on Fritz R. Kahn, Fritz R. Kahn, P.C., 

1920 N Street, NW., Eighth Floor, 

Washington, DC 20036. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: May 21, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–12366 Filed 5–28–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35248] 

Natchez Railway, LLC—Acquisition 

and Operation Exemption—Illinois 

Central Railroad Company 

Natchez Railway, LLC (Natchez), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

acquire and operate approximately 65.6 

route miles of rail line owned by Illinois 

Central Railroad Company (ICR) 

between milepost 86.0 near Brookhaven, 

MS, and milepost 148.34 in Natchez, 

MS, including the International Paper 

Spur in Natchez. 

This transaction is related to a 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

35249, Kern W. Schumacher— 

Continuance in Control Exemption— 

Grenada Railway, LLC and Natchez 

Railway, LLC, wherein Kern W. 

Schumacher seeks to continue in 

control of Grenada Railway, LLC 

(Grenada), and Natchez Railway, LLC, 

upon their becoming Class III rail 

carriers.1

The transaction is expected to be 

consummated on or shortly after June 

12, 2009 (30 days after the exemption 

was filed). 

Natchez certifies that, as a result of 

the proposed transaction, it will not 

become a Class II or Class I rail carrier 

and further certifies that its projected 

annual revenue will not exceed $5 

million. 

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. 

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 June 5, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35248, 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 Fritz R. 

Kahn, Fritz R. Kahn, P.C., 1920 N Street, 

NW., (8th floor), Washington, DC 20036. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: May 21, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–12368 Filed 5–28–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35247] 

Grenada Railway, LLC—Acquisition 

and Operation Exemption—Illinois 

Central Railroad Company and 

Waterloo Railway Company 

Grenada Railway, LLC (Grenada), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

acquire (by purchase) from the Illinois 

Central Railroad Company (ICR) and to 

operate a rail line approximately 175.4 

mstockstill on PROD1PC66 with NOTICES

25800 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 

1STB Finance Docket No. 35249 is also related to 

STB Finance Docket No. 35248, Natchez Railway, 

LLC—Acquisition and Operation Exemption— 

Illinois Central Railroad Company, wherein 

Natchez seeks to acquire from ICR and to operate 

approximately 65.6 miles of rail line in Natchez, 

MS. 

1See Cleveland Commercial Railroad Company, 

LLC–Change in Operators Exemption–Wheeling & 

Lake Erie Railway Company, STB Finance Docket 

No. 34521 (STB served Aug. 6, 2004). 

miles long between milepost 403.0, at 

Southhaven, and milepost 703.8, near 

Canton, and to acquire from Waterloo 

Railway Company and to operate a 

connecting rail line approximately 11.42 

miles long between milepost 603.0, at 

Water Valley Junction, and milepost 

614.42, at Bruce Junction. All of the rail 

lines are located in the State of 

Mississippi. 

Pursuant to the purchase agreement, 

ICR granted Grenada the right to operate 

on its tracks to Memphis, TN, on the 

north, and to Canton on the south for 

the sole purpose of interchanging traffic 

with ICR. Also, ICR will retain overhead 

trackage rights on the line of railroad it 

is selling to Grenada. 

This transaction is related to a 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

35249, Kern W. Schumacher— 

Continuance in Control Exemption— 

Grenada Railway, LLC and Natchez 

Railway, LLC, wherein Kern W. 

Schumacher seeks to continue in 

control of Grenada and Natchez 

Railway, LLC (Natchez), upon their 

becoming Class III rail carriers.1

The transaction is expected to be 

consummated on or shortly after June 

12, 2009 (30 days after the notice of 

exemption was filed). 

Grenada certifies that its projected 

annual revenues as a result of the 

transaction will not result in Grenada 

becoming a Class II or Class I rail 

carrier, but a Class III rail carrier. 

Grenada further certifies that its 

projected annual revenues upon 

becoming a Class III rail carrier will not 

exceed $5 million. 

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. 

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 June 5, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35247 must be filed with the 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, a copy must be served 

on Fritz R. Kahn, Fritz R. Kahn, P.C., 

1920 N Street, NW., Eighth Floor, 

Washington, DC 20036. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: May 21, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–12365 Filed 5–28–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35251] 

Cleveland Commercial Railroad 

Company, LLC–Lease and Operation 

Exemption–Norfolk Southern Railway 

Company 

Cleveland Commercial Railroad 

Company, LLC (CCR), a Class III rail 

carrier, has filed a verified notice of 

exemption under 49 CFR 1150.41 to 

lease and to operate, pursuant to a lease 

agreement (Agreement) entered into on 

May 13, 2009, with Norfolk Southern 

Railway Company (NSR), approximately 

25.3 miles of NSR’s rail line between 

milepost RH 2.2+/¥ at Cleveland, OH, 

and milepost RH 27.5+/¥ at Aurora, 

OH. 

CCR states that it will interchange 

traffic with NSR at a track in the vicinity 

of Von Willer Yard in Cleveland. CCR 

also states that it interchanges traffic 

with the Wheeling & Lake Erie Railway 

Company (W&LE) at Falls Junction in 

Glenwillow, OH, and that CCR’s lease 

and operation of the subject line, which 

physically connects with the line that 

CCR currently leases from W&LE, will 

not affect the existing CCR and W&LE 

relationship.1

CCR states that it does not believe that 

the Agreement contains an interchange 

commitment that would impede CCR’s 

ability to interchange with third party 

carriers. See 49 CFR 1150.43(h). 

According to CCR, the Agreement does 

contain a standard rental credit 

provision, which CCR sought in 

negotiations to afford it greater financial 

flexibility to, among other things, 

improve the line’s infrastructure. To 

ensure adherence to 49 CFR 1150.43(h) 

for transactions involving interchange 

commitments, CCR concurrently has 

filed with its notice a complete version 

of the Agreement, marked ‘‘highly 

confidential’’ and submitted under seal 

pursuant to 49 CFR 1104.14(a). 

CCR certifies that its projected annual 

revenues as a result of the transaction 

will not result in CCR becoming a Class 

II or Class I rail carrier and further 

certifies that its projected annual 

revenues will not exceed $5 million. 

CCR states that it expects to 

consummate the transaction on or after 

June 15, 2009. The earliest this 

transaction may be consummated is the 

June 14, 2009 effective date of the 

exemption (30 days after the exemption 

was filed). 

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. 

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 June 5, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35251, 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 Robert A. 

Wimbish, Baker & Miller, PLLC, 2401 

Pennsylvania Ave., NW., Suite 300, 

Washington, DC 20037. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: May 21, 2009. 

mstockstill on PROD1PC66 with NOTICES