[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Notices]
[Page 34394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16633]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35255]


Temple & Central Texas Railway, Inc.--Operation Exemption--City 
of Temple, TX

    Temple & Central Texas Railway, Inc. (TC), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to operate about 
7.7 miles of unmarked rail line (the line) owned by the City of Temple 
(the City), in Bell County, TX.\1\ TC states that it intends to 
interchange traffic with BNSF Railway Company (BNSF).\2\
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    \1\ There are no mileposts on the line. The City constructed the 
line as part of the development of an industrial park in the Temple 
Reinvestment Zone and has licensed TC to provide operations over the 
line.
    \2\ TC states there are no interchange commitments or paper 
barriers in the license and operating agreement, nor will there be 
any interchange commitments or paper barriers in the interchange 
agreement with BNSF.
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    This transaction is related to a concurrently filed verified notice 
of exemption for Patriot Rail, LLC, Patriot Rail Holdings LLC, and 
Patriot Rail Corp. to continue in control of TC upon TC's becoming a 
Class III rail carrier. See STB Finance Docket No. 35256, Patriot Rail, 
LLC, Patriot Rail Holdings LLC, and Patriot Rail Corp.--Continuance in 
Control Exemption--Temple & Central Texas Railway, Inc.
    The transaction is expected to be consummated on or after August 1, 
2009.
    TC certifies that its projected annual revenues as a result of the 
transaction will not result in TC becoming 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, 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 July 22, 2009 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35255, 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, 600 Baltimore 
Ave., Suite 301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: July 9, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E9-16633 Filed 7-14-09; 8:45 am]
BILLING CODE 4915-01-P