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. 

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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 25801 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–12336 Filed 5–27–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2008–0143] 

Port Authority Trans-Hudson 

Corporation; Notice of Public Hearing 

On January 22, 2009, the Federal 

Railroad Administration (FRA) 

published a notice in the Federal 

Register announcing the Port Authority 

Trans-Hudson Corporation’s (PATH) 

request for a waiver of compliance from 

certain provisions of Title 49 Code of 

Federal Regulations (CFR) Part 231 

(Railroad safety appliance standards) for 

its newly built PA–5 cars. PATH seeks 

a waiver of compliance from certain 

provisions of 49 CFR and/or exemption 

from certain statutory provisions of Title 

49 U.S.C. Chapter 203 (the ‘‘Safety 

Appliance Law,’’ including 49 U.S.C. 

20302) as related to hand brakes, sill 

steps, side and end holds, and 

uncoupling levers. 

PATH indicates that the PA–5 

vehicles it plans to utilize are equipped 

with spring-applied/pneumatically 

released parking brakes, versus 

conventional hand brakes as required by 

Section 20302. PATH further indicates 

that the parking brakes are capable of 

holding a loaded vehicle on a 5-percent 

grade, the steepest grade on the PATH 

system. Accordingly, PATH asserts that 

the parking brakes of its PA–5 vehicles 

serve the same purpose as conventional 

hand brakes and that such parking 

brakes comply with the intent of 49 CFR 

231.14(a) and 238.231(h). 

PATH also indicates that sill steps 

(required by 49 U.S.C. 20302) and side 

handholds (required by 49 U.S.C. 20302 

to aid in coupling and uncoupling 

vehicles) are not necessary for safety on 

its PA–5 vehicles and would not 

enhance the safety of the vehicles. 

Noting that traditional sill steps and 

side handholds are intended to facilitate 

conventional switching operations 

requiring vehicles to be coupled 

manually by individuals from the 

exterior of the car, PATH explains that 

the PA–5 vehicles are equipped with 

fully automatic couplers that allow ‘‘all 

mechanical, pneumatic and electrical 

end connections to be coupled or 

uncoupled without requiring personnel 

to leave the vehicle.’’ Further, PATH 

notes that its safety rules specifically 

prohibit individuals from riding on sill 

steps, and asserts that given the unique 

characteristics of its operating 

environment (e.g., the continuously 

energized 650-volt third rail and close 

wayside obstruction clearances), sill 

steps would pose an unacceptable safety 

risk if individuals should attempt to 

ride on the steps in violation of PATH’s 

safety rules. PATH further notes that its 

PA–5 vehicles are equipped with side 

door steps and corresponding vertical 

handholds at each of the six side 

doorways. PATH contends that these 

side door steps and handholds can be 

used to facilitate employee access to and 

egress from the vehicles should it be 

necessary. 

Although PATH expresses the view 

that the PA–5 vehicles’ automatic 

couplers eliminate the need for end 

handholds (required by 49 U.S.C. 20302 

to aid in coupling and uncoupling 

vehicles), PATH acknowledges the 

concerns expressed by FRA regarding 

safe access to the manual uncoupling 

handle located on the top of the 

automatic coupler. Noting that the 

manual uncoupling handle is not 

intended for normal coupling/ 

uncoupling operations and is intended 

to provide a method of manually 

uncoupling the vehicles in the event the 

automatic coupling function is 

unavailable, PATH proposes to apply 

two end handholds to each vehicle to 

‘‘provide an additional grip point to 

assist a worker when operating’’ the 

manual uncoupling lever. In this 

connection, PATH requests a waiver of 

the specific number and dimension 

requirements of 49 CFR 231.14(d). 

Again, noting that the vehicles are 

equipped with fully automatic couplers, 

along with the fact that normal 

coupling/uncoupling operations are 

performed from within the vehicle cab, 

PATH also seeks a waiver from the 

requirement of 49 CFR 231.14(g) for 

uncoupling levers. In support of this 

request, PATH notes the presence of a 

manual uncoupling handle ‘‘intended 

for shop use, when a major system 

malfunction occurs, or on rare occasions 

during an emergency road rescue.’’ 

The Safety Appliance Law mandates 

that railroad vehicles be equipped with 

(1) handbrakes, (2) sill steps, and (3) 

side and end handholds to aid in 

coupling and uncoupling vehicles. 

Because these are statutory 

requirements, FRA cannot waive 

compliance from these provisions. 

Instead, in accordance with 49 U.S.C. 

20306, FRA may exempt PATH from 

these statutory requirements based on 

evidence received and findings 

developed at a hearing demonstrating 

that the statutory requirements 

‘‘preclude the development or 

implementation of more efficient 

railroad transportation equipment or 

other transportation innovations under 

existing law.’’ Accordingly, in order to 

receive evidence and develop findings 

to determine whether FRA should 

invoke its discretionary authority under 

49 U.S.C. 20306 in this instance, and to 

receive comment on other aspects of 

PATH’s petition relevant to the 

arrangement of safety appliances on its 

PA–5 cars, a public hearing is scheduled 

to begin at 9 a.m. on Wednesday, June 

24, 2009, at the Hilton Gateway Hotel, 

located at Gateway Center, Raymond 

Boulevard, Newark, New Jersey 

(telephone number (973) 622–5000). 

Interested parties are invited to present 

oral statements at the hearing. The 

hearing will be informal and will be 

conducted by a representative 

designated by FRA in accordance with 

FRA’s rules of practice (49 CFR 211.25). 

The hearing will be a non-adversarial 

proceeding; therefore, there will be no 

cross-examination of persons presenting 

statements. The FRA representative will 

make an opening statement, outlining 

the scope of the hearing. After all initial 

statements have been completed, those 

persons wishing to make a brief rebuttal 

will be given the opportunity to do so 

in the same order in which initial 

statements were made. Additional 

procedures, as necessary for the conduct 

of the hearing, will be announced at the 

hearing. 

The petitioners should be present at 

the hearing and prepared to present 

evidence that the requirements of 49 

U.S.C. Chapter 203, for which 

exemption is sought, ‘‘preclude the 

development or implementation of more 

efficient railroad transportation 

equipment or other transportation 

innovations under existing law.’’ 

Issued in Washington, DC, on May 22, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–12421 Filed 5–28–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

May 20, 2009. 

The Department of Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

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