[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Notices]
[Pages 5027-5028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1544]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35212]


Kyle Railroad Company--Acquisition and Operation Exemption--Mid-
States Port Authority

    Kyle Railroad Company (Kyle), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to acquire from Mid-
States Port Authority (MSPA), a noncarrier, and to operate a 351.50-
mile line of railroad extending between: (a) Milepost 531.00 at Limon, 
CO, and milepost 189.40 at Belleville, KS; (b) milepost 189.40 at 
Belleville, KS, and milepost 182.00 at Munden, KS; and (c) milepost 
226.25 at Belleville and milepost 223.75, east of Belleville, in 
Lincoln and Kit Carson Counties, CO, and Sherman, Thomas, Sheridan, 
Decatur, Norton, Phillips, Smith, Jewell, and Republic Counties, KS.
    As part of the Chicago, Rock Island and Pacific Railroad Company 
(Rock Island) bankruptcy proceeding, the Rock Island was authorized by 
the Interstate Commerce Commission (ICC) to abandon its entire rail 
system with certain conditions. See Chicago, R. I. & R. P. Co. 
Abandonment, 363 I.C.C. 150

[[Page 5028]]

(1980). On April 18, 1984, in Order No. 676A, the bankruptcy court 
authorized MSPA to purchase the 351.50-mile portion of the line. On 
April 30, 1984, MSPA and Kyle entered into an agreement and Kyle was 
authorized in Kyle Railroad Company--Notice of Modified Certificate of 
Public Convenience and Necessity, Finance Docket No. 30490 (ICC served 
June 4, 1984) to acquire from MSPA and to operate the line. Kyle is 
seeking the Board's authority as required by the agreement to acquire 
and operate the line and to remove the potential impediment to 
exercising its option to acquire the line.
    The proposed transaction is scheduled to be consummated on June 1, 
2009.
    Kyle certifies that its projected annual revenues as a result of 
the transaction will not result in Kyle becoming a Class II or Class I 
rail carrier. However, because its projected annual revenues will 
exceed $5 million, Kyle also has certified to the Board that it has 
complied with the employee notice requirements of 49 CFR 1150.42(e). 
Pursuant to that provision, the exemption may not become effective 
until 60 days from the January 13, 2009, date of the revised 
certification to the Board, which would be March 13, 2009.
    According to Kyle, there is no provision or agreement that may 
limit future interchange with a third-party connecting carrier.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
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. Stay petitions must be filed by March 6, 2009 (at least 7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35212, 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 applicants' representative, 
Louis E. Gitomer, Esq., 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: January 16, 2009.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E9-1544 Filed 1-27-09; 8:45 am]
BILLING CODE 4915-01-P