[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Pages 25799-25800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12365]


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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

[[Page 25800]]

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\
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    \1\ STB 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.
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    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