[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Notices]
[Pages 34391-34392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16636]


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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.

[[Page 34392]]

    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.
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    \1\ See Meridian Southern Railway, LLC--Acquisition and 
Operation--Lines of Kansas City Southern Railway Company, STB 
Finance Docket No. 33854 (STB served Aug. 29, 2000).
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    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.
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    \2\ See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 
(1989).
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    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, 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 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