[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Notices]
[Page 54118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25312]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35300]


Central Railroad Company of Indianapolis--Lease and Operation 
Exemption--Norfolk Southern Railway Company

    Central Railroad Company of Indianapolis (CERA), a Class III 
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 September 14, 2009, with Norfolk Southern Railway 
Company (NSR), approximately 15.9 miles of NSR's rail line between 
milepost RK-154.5, a point just east of the grade crossing at 38th 
Street, in Gas City, Grant County, IN, and milepost RK-138.6 at the end 
of the line, at Hartford City, Blackford County, IN (the line).\1\ The 
Agreement also includes operating rights into Goodman Yard, and any 
sidings or sidetracks owned by NSR that are accessed via the line.
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    \1\ The line does not include a parcel of land on and adjacent 
to the right-of-way at milepost 145.20.
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    CERA states that there is no provision or agreement that will limit 
future interchange with a third-party connecting carrier, whether by 
outright prohibition, per-car penalty, adjustment in the purchase price 
or rental, positive economic inducement, or other means. See 49 CFR 
1150.43(h).
    CERA certifies that its projected annual revenues as a result of 
this transaction would not exceed those that would qualify it as a 
Class III rail carrier. However, because its projected annual revenues 
will exceed $5 million, CERA also certifies that it has complied with 
notice requirements of 49 CFR 1150.42(e).
    The transaction is scheduled to be consummated on December 1, 2009, 
at least 60 days after CERA's certification of the notice requirements 
of section 49 CFR 1150.42(e).
    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.
    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 November 24, 
2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35300, 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 Louis E. Gitomer, Law Offices 
of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 
21204.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: October 16, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-25312 Filed 10-20-09; 8:45 am]
BILLING CODE 4915-01-P