[Federal Register Volume 74, Number 131 (Friday, July 10, 2009)]
[Notices]
[Page 33315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16319]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35258]


Mississippi Central Railroad Co.--Change in Operators Exemption--
Tishomingo Railroad Company, Inc

    Mississippi Central Railroad Co. (MSCI),\1\ a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to change operators from Tishomingo Railroad Company, Inc. (TISH),\2\ 
to MSCI on a line of railroad of the State of Mississippi (the State), 
at Iuka, MS. Pursuant to an agreement with TISH, MSCI will lease and 
operate approximately 10 miles of rail line between Norfolk Southern 
Railway Company's Iuka Wye at milepost 0.0, and the Tri-State Commerce 
Park at milepost 10.0, in Tishomingo County, MS. MSCI states that, 
pursuant to the lease agreement with the State, MSCI will lease, 
operate, maintain, and perform all common carrier service on the line. 
This change in operators is exempt under 49 CFR 1150.41(c).\3\
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    \1\ MSCI is controlled by Pioneer Railcorp. See Pioneer 
Railcorp--Continuance in Control Exemption--Gettysburg & Northern 
Railroad Co., STB Finance Docket No. 34010 (STB served Feb. 27, 
2001).
    \2\ See Tishomingo Railroad Company, Inc.--Lease and Operation 
Exemption--Line of State of Mississippi at Iuka, MS, STB Finance 
Docket No. 33806 (STB served Oct. 28, 1999).
    \3\ In order to quality for a change in operators exemption, an 
applicant must give notice to shippers on the line. See 49 CFR 
1150.42(b). MSCI states that no shippers are known to have shipped 
or received freight within the last 2 years, therefore no service of 
this notice is required on shippers. MSCI also certifies that a copy 
of the verified notice of exemption was sent to the State.
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    Based on projected revenues for the line, MSCI expects to remain a 
Class III rail carrier after consummation of the proposed transaction. 
MSCI certifies that its projected annual revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier.
    MSCI states that it intends to consummate the transaction on August 
1, 2009 (at least 30 days after the notice of exemption was filed), and 
that operations will begin thereafter.
    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 July 17, 2009 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35258, 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 Daniel A. LaKemper, General 
Counsel, Mississippi Central Railroad Co., 1318 S. Johanson Road, 
Peoria, IL 61607.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: July 6, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-16319 Filed 7-9-09; 8:45 am]
BILLING CODE 4915-01-P