Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 34391 

excluding any pilot seat, of 9 or fewer 

seats). This task is intended to address 

these differences. 

The objective of the Commercial Air 

Tour Maintenance (CATM) Working 

Group is to recommend a maintenance 

quality assurance system, a maintenance 

training program and a required 

inspection program for operators and air 

carriers that conduct air tours and 

operate under parts 91 and 135 (with 

aircraft type certificated for a passenger 

seating configuration, excluding any 

pilot seat, of 9 or fewer seats). 

The Task 

ARAC is tasked to develop 

recommendations for a maintenance 

quality assurance system, a maintenance 

training program and a required 

inspection program for operators and air 

carriers that conduct air tours and who 

operate under parts 91 and 135 (aircraft 

type certificated for a passenger seating 

configuration, excluding any pilot seat, 

of 9 or fewer seats). 

ARAC will be supported by the 

CATM Working Group who will: 

1. Review NTSB’s June 12, 2008 letter 

to the FAA to understand the facts and 

analysis of the accident findings that 

lead to issuing safety recommendations 

A–08–32 and A–08–33. The letter is 

found at http://www.ntsb.gov/recs/ 

letters/2008/A08_32_35.pdf. (Note: 

Included in NTSB’s letter are safety 

recommendations A–08–34 and A–08– 

35. These are not part of this ARAC 

tasking.) 

2. Review Advisory Circulars (AC) 

120–79 and 120–16E for available 

guidance on developing and 

implementing a maintenance quality 

assurance system, maintenance training 

program and required inspection 

program. A copy of these ACs are at: 

http://www.airweb.faa.gov/

Regulatory_and_Guidance_Library/

rgAdvisoryCircular.nsf/0/ 

c83d3e4ceb74e1df86256d1600587657/

$FILE/AC120-79.pdf and http://

www.airweb.faa.gov/Regulatory_and_

Guidance_Library/

rgAdvisoryCircular.nsf/0/d505ffc06aecc

27e862574c6005480a2/$FILE/AC%

20120-16E.pdf. 

3. Develop a report containing 

recommendations for rulemaking and 

explain the reason and safety benefits 

for each recommendation and will 

present the findings at the next ARAC 

Executive Committee meeting. 

If a Notice of Proposed Rulemaking 

(NPRM) is published for public 

comment as a result of the 

recommendations from this tasking, the 

FAA may ask ARAC to review the 

comments received and provide a 

recommended response to them. 

Schedule: The tasks must be 

completed no later than 12 months after 

the first working group meeting. 

ARAC Acceptance of Task 

ARAC accepted the task and assigned 

the task to the CATM Working Group. 

The working group serves as staff to 

ARAC and assists in the analysis of 

assigned tasks. ARAC must review and 

approve the working group’s 

recommendations. If ARAC accepts the 

working group’s recommendations, it 

will send them to the FAA. The FAA 

will submit the recommendations it 

receives to the agency’s Rulemaking 

Management Council to address the 

availability of resources and 

prioritization. 

Working Group Activity 

The Commercial Air Tour 

Maintenance (CATM) Working Group 

must comply with the procedures 

adopted by ARAC. As part of the 

procedures, the working group must: 

1. Recommend a work plan for 

completion of the task, including the 

rationale supporting such a plan for 

consideration at the next ARAC 

Executive Committee meeting held 

following publication of this notice. 

2. Give a detailed conceptual 

presentation of the proposed 

recommendations prior to proceeding 

with the work stated in item 3 below. 

3. Draft the appropriate documents 

and required analyses and/or any other 

related materials or documents. 

4. Provide a status report at each 

meeting of the ARAC Executive 

Committee. 

Participation in the Working Group 

The CATM Working Group will be 

composed of technical experts having 

an interest in the assigned task. A 

working group member need not be a 

representative or a member of the full 

committee. 

If you have expertise in the subject 

matter and wish to become a member of 

the working group, write to the person 

listed under the caption FOR FURTHER

INFORMATION CONTACT expressing that 

desire. Describe your interest in the task 

and state the expertise you would bring 

to the working group. We must receive 

all requests by September 14, 2009. The 

Executive Committee and the FAA will 

review the requests and advise you 

whether or not your request is 

approved. 

If you are chosen for membership on 

the working group, you must represent 

your aviation community segment and 

actively participate in the working 

group by attending all meetings, and 

providing written comments when 

requested to do so. You must devote the 

resources necessary to support the 

working group in meeting any assigned 

deadlines. You must keep your 

management chain and those you may 

represent advised of working group 

activities and decisions to ensure the 

proposed technical solutions don’t 

conflict with your sponsoring 

organization’s position when the subject 

is presented to ARAC for approval. 

Once the working group has begun 

deliberations, members will not be 

added or substituted without the 

approval of the FAA and the working 

group chair. 

The Secretary of Transportation 

determined the formation and use of 

ARAC is necessary and in the public 

interest in connection with the 

performance of duties imposed on the 

FAA by law. 

Meetings of ARAC are open to the 

public. Meetings of the CATM Working 

Group will not be open to the public, 

except to the extent individuals with an 

interest and expertise are selected to 

participate. The FAA will make no 

public announcement of working group 

meetings. 

Issued in Washington, DC, on July 10, 

2009. 

Pamela Hamilton-Powell, 

Executive Director, Aviation Rulemaking 

Advisory Committee. 

[FR Doc. E9–16788 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35218] 

Meridian Southern Railway, LLC— 

Construction of Connecting Track 

Exemption—in Lauderdale County, MS 

Meridian Southern Railway, LLC 

(MDS) has filed a verified notice of 

exemption under 49 CFR 1150.36 to 

construct approximately 1,910 feet of 

track in Lauderdale County, MS. The 

track to be constructed will extend from 

the existing MDS track near Interchange 

Road to a yard track (designated 

Number 4 track) in the existing Norfolk 

Southern Railway Company (NS) rail 

yard near NS milepost 3.2 in Meridian, 

MS. The track to be constructed will 

connect MDS to the NS main line, 

whereas MDS currently connects only to 

the Kansas City Southern Railway 

Company main line. The connection 

will be constructed within existing rail 

rights-of-way (owned either by MDS or 

NS) and within an acquired railroad 

easement. 


sroberts on DSKD5P82C1PROD with NOTICES
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