[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Notices]
[Page 43746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20666]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34936]


Port of Moses Lake--Construction Exemption--Moses Lake, WA [STB 
Finance Docket No. 34936 (Sub-No. 1)]; Port of Moses Lake--Acquisition 
Exemption--Moses Lake, WA

AGENCY: Surface Transportation Board, Department of Transportation.

ACTION: Notice of exemption.

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SUMMARY: Subject to a Programmatic Agreement negotiated by the parties 
and environmental mitigation measures, the Board is granting exemptions 
under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 
10901 for the Port of Moses Lake (Port) in STB Finance Docket No. 34936 
to construct two segments of rail line in Moses Lake, WA, one between 
the community of Wheeler and Parker Horn at the mouth of Crab Creek and 
another between Columbia Basin Railroad Company, Inc. (CBRW) trackage 
and the east side of the Grant County International Airport, and in STB 
Finance Docket No. 34936 (Sub-No. 1) to acquire a segment of rail line 
from CBRW that runs approximately from Parker Horn near Stratford Road 
to near the Grant County International Airport, which would connect the 
newly constructed segments. The Port plans to rehabilitate and upgrade 
this line segment, including the upgrade of two signalized grade 
crossings. The Port estimates the total mileage of its construction and 
acquisition proposals to be approximately 11.5 miles in length.

DATES: The exemption will be effective on September 11, 2009. Petitions 
to reopen must be filed by September 16, 2009.

ADDRESSES: An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34936 and STB Finance Docket No. 34936 (Sub-No. 1), 
must be filed with the Surface Transportation Board, 395 E Street, SW., 
Washington, DC 20423-0001. In addition, one copy of all pleadings must 
be served on petitioner's representative: Adrian L. Steel, Jr., Mayer 
Brown LLP, 1909 K Street, NW., Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 245-0395. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. Board decisions and notices are available on our Web 
site at http://www.stb.dot.gov.

    Decided: August 21, 2009.

    By the Board, Chairman Elliott, Vice Chairman Nottingham, and 
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-20666 Filed 8-26-09; 8:45 am]
BILLING CODE 4915-01-P