34392 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 

1See Meridian Southern Railway, LLC— 

Acquisition and Operation—Lines of Kansas City 

Southern Railway Company, STB Finance Docket 

No. 33854 (STB served Aug. 29, 2000). 

2See Exemption of Out-of-Service Rail Lines, 5 

I.C.C.2d 377 (1989). 

1TSRR’s lines are located in Tennessee and 

Alabama, Rarus’ lines are located in Montana, 

Utah’s lines are located in Utah, SAVR’s lines are 

located in California, and L&NW’s lines are located 

in Arkansas and Louisiana. 

Since MDS acquired its rail line in 

2000,1 MDS has served several major 

customers on the line, including the 

Marshall Durbin Poultry complex at 

Waynesboro, the Hood Lumber 

Company at Waynesboro, Georgia 

Pacific at Meridian, and Atlas Roofing at 

Meridian. MDS also serves a number of 

smaller customers including Bazor 

Lumber Company in Quitman, Scotch 

Plywood in Waynesboro, Culbreth 

Timber Company in Quitman, and 

Southwood Door Company in Quitman. 

MDS anticipates that the proposed 

connecting track will provide these 

existing shippers and consignees with 

improved access to the national rail 

system by the addition of a routing 

option with more efficient flow and 

adding price competition. MDS 

anticipates that the proposed 

connection will encourage increased 

shipments from existing customers and 

foster new economic development in 

the East Mississippi area served by 

MDS. 

Construction is proposed to begin no 

earlier than 90 days after the filing of 

this notice of exemption. 

MDS has certified that it has complied 

with the Board’s environmental rules at 

49 CFR 1105 and with the pre-filing 

notice requirements at 49 CFR 

1150.36(c)(1). 

MDS has submitted environmental 

and historic reports required under 49 

CFR 1105.7 and 1105.8. Under 49 CFR 

1150.36(c)(3), the Board’s Section of 

Environmental Analysis (SEA) will 

generally issue an environmental 

assessment (EA) 15 days after the 

Federal Register notice, here by July 30, 

2009. However, under 49 CFR 

1150.36(c)(10), a stay of the effective 

date may be issued if an informed 

decision on environmental issues 

cannot be made prior to September 23, 

2009.2 Interested persons may obtain a 

copy of the EA by writing to SEA (Room 

1100, Surface Transportation Board, 

Washington, DC 20523–0001) or by 

calling SEA, at (202) 245–0305. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339. Comments on 

environmental and historic preservation 

matters must be filed within 30 days 

after the EA becomes available to the 

public. 

On completion of the environmental 

review, the Board will issue a decision 

addressing those matters and making 

the exemption effective at that time, if 

appropriate, subject to any necessary 

conditions, thereby allowing 

construction to begin. 

This exemption will be effective on 

September 23, 2009, unless stayed. 

Petitions to stay that do not involve 

environmental issues must be filed by 

July 24, 2009. Petitions for 

reconsideration must be filed by August 

4, 2009. 

Pursuant to the Consolidated 

Appropriations Act, 2008, Public Law 

110–161, § 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 transaction. 

Any original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35218, 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 Kevin M. 

Shays, K&L Gates LLP, 1601 K Street, 

NW., Washington, DC 20006. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: July 8, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–16636 Filed 7–10–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[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. 

Patriot Rail, LLC (PRL) and its 

subsidiaries Patriot Rail Holdings LLC 

(PRH) and Patriot Rail Corp. (Patriot), 

have filed a verified notice of exemption 

to continue in control of Temple & 

Central Texas Railway, Inc. (TC), upon 

TC’s becoming a Class III rail carrier. 

This transaction is related to a 

concurrently filed verified notice of 

exemption for TC to operate about 7.7 

miles of unmarked rail line owned by 

the City of Temple, in Bell County, TX. 

See STB Finance Docket No. 35255, 

Temple & Central Texas Railway, Inc.— 

Operation Exemption—City of Temple, 

TX. 

The parties intend to consummate the 

transaction on or after August 1, 2009. 

PRL is a noncarrier limited liability 

company that owns not less than 51 

percent of the equity interests in PRH, 

which owns 100 percent of the stock of 

Patriot. Patriot is a noncarrier holding 

company that owns 100 percent of the 

stock of TC and 5 Class III railroad 

subsidiaries: Tennessee Southern 

Railroad Company (TSRR), Rarus 

Railway Company (Rarus), Utah Central 

Railway Company (Utah), Sacramento 

Valley Railroad, Inc. (SAVR), and The 

Louisiana and North West Railroad 

Company (L&NW). 

PRL, PRH, and Patriot state that each 

has successfully managed short line 

railroads for more than a decade and 

that they intend to use that experience 

and expertise and their purchasing 

power to effect operating efficiencies for 

TC, to improve service to shippers, and 

to make TC a financially viable railroad. 

The parties represent that: (1) The rail 

line to be operated by TC does not 

connect with any other railroads in the 

corporate family; (2) the transaction is 

not part of a series of anticipated 

transactions that would connect the rail 

lines with any other railroad in the 

corporate family; 1 and (3) the 

transaction does not involve a Class I 

rail carrier. Therefore, the transaction is 

exempt from the prior approval 

requirements of 49 U.S.C. 11323. See 49 

CFR 1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here 

because all of the carriers involved are 

Class III carriers. 

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 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 34393 

1 73 FR 8,737, 8,737–38, 8,739 (Feb. 14, 2008) 

(JFK); 73 FR 29,550, 29,554–55 (May 21, 2008). 

automatically stay the effectiveness of 

the exemption. Stay petitions 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. 35256, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, one 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. E9–16616 Filed 7–14–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Sunshine Act Meetings; Unified Carrier 

Registration Plan Board of Directors 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

TIME AND DATE: August 6, 2009, 12 noon 

to 3 p.m., Eastern Daylight Time. 

PLACE: This meeting will take place 

telephonically. Any interested person 

may call Mr. Avelino Gutierrez at (505) 

827–4565 to receive the toll free number 

and pass code needed to participate in 

these meetings by telephone. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: The 

Unified Carrier Registration Plan Board 

of Directors (the Board) will continue its 

work in developing and implementing 

the Unified Carrier Registration Plan 

and Agreement and to that end, may 

consider matters properly before the 

Board. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Avelino Gutierrez, Chair, Unified 

Carrier Registration Board of Directors at 

(505) 827–4565. 

Issued on: July 9, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–16902 Filed 7–13–09; 11:15 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration (FAA) 

[Dockets No. FAA–2007–29320 and FAA– 

2008–0221] 

Operating Limitations at John F. 

Kennedy International Airport and 

Newark Liberty International Airport 

ACTION: Notice of limited waiver of the 

slot usage requirement. 

SUMMARY: This action announces a 

limited waiver of the minimum usage 

requirements that apply to Operating 

Authorizations at John F. Kennedy 

International Airport (JFK) and Newark 

Liberty International Airport (EWR) for 

nonstop flights to or from Mexico. This 

policy is effective from April 27, 2009, 

through September 12, 2009. 

DATES: Effective Date: effective upon 

publication. 

FOR FURTHER INFORMATION CONTACT: 

James Tegtmeier, Associate Chief 

Counsel for the Air Traffic Organization; 

telephone—(202) 267–8323; e-mail— 

james.tegtmeier@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 1, the Air Transport 

Association (ATA) requested a partial 

waiver of the minimum slot usage 

requirements at JFK and EWR. The ATA 

requested relief for flights between 

points in Mexico and JFK or EWR, citing 

the recent incidence of H1N1 influenza 

that has affected the number of airline 

passengers traveling to and from cities 

in Mexico. ATA also cites actions by the 

U.S. Centers for Disease Control and 

Prevention (CDC), the World Health 

Organization, and the Mexican 

government to address the H1N1 

outbreak, which have limited passenger 

demand for flights to Mexico. 

According to ATA, demand had fallen 

by approximately 50 percent and future 

bookings were ‘‘vastly reduced.’’ ATA 

represented that the relief is necessary 

to address an unexpected and 

extraordinary disruption of travel 

demand and service. ATA sought a 

waiver of the minimum usage 

requirements on flights to and from 

Mexico, as well as to and from any other 

country to which the CDC recommends 

against unnecessary travel. The CDC 

issued such a recommendation 

regarding non-essential travel to and 

from Mexico on April 27. The CDC 

withdrew its recommendation on May 

15, narrowing its travel-related, 

precautionary advice to the population 

that is at risk for complications from the 

virus. 

Under the FAA’s orders limiting 

scheduled operations at the airports, 

slots must be used at least 80 percent of 

the time or they will be withdrawn and 

will not receive historic precedence for 

the following scheduling season.1 The 

FAA may grant a waiver from the 

minimum usage requirements in highly 

unusual and unpredictable conditions 

that are beyond the control of the carrier 

and affect carrier operations for a period 

of five consecutive days or more. 

Statement of Policy 

The FAA has determined that the 

circumstances surrounding the outbreak 

of the H1NI flu meet the criteria for a 

limited waiver of the applicable 

minimum slot usage requirements. On 

April 27, the CDC issued a Travel 

Health Warning recommending against 

non-essential travel to Mexico. The CDC 

downgraded this warning on May 15 to 

a Travel Health Precaution, urging 

travelers to take steps to protect against 

contracting the H1NI flu and to consider 

postponing travel if the traveler is in a 

population that is at risk for 

complications from the virus. 

We have evaluated the effect of the 

CDC recommendations on carriers that 

conduct scheduled service to affected 

airports. Our review of carrier schedules 

at JFK, EWR, and other airports shows 

that carriers have cancelled flights or 

adjusted frequencies for various dates 

through the summer season. Many 

carriers have also adopted policies to 

allow limited flexibility for passengers 

to change or cancel reservations for 

Mexico flights. Carriers are assessing 

demand to determine when or if to 

restore flights to points in Mexico. At 

the same time, overall demand for 

flights in the New York City area 

remains strong, and several carriers are 

seeking slots for new or expanded 

service. As a result, carriers that have 

cancelled service to Mexico could use 

the slots to serve other markets or to 

enter into agreements to have other 

carriers use their slots for a period of 

time. 

The FAA has decided to grant the 

waiver until September 12, because 

many carriers have significant schedule 

changes during that month. This would 

also afford affected carriers a period of 

time to arrange for the continued use of 

the operating authority at or above the 

minimum use threshold, either by 

adding service to unaffected locations or 

by leasing or trading the operating 

authority to another carrier that can 

conduct such service. This slot usage 

waiver applies only to nonstop flights 


sroberts on DSKD5P82C1PROD with NOTICES