[Federal Register Volume 74, Number 179 (Thursday, September 17, 2009)]
[Notices]
[Pages 47855-47856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22387]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35294]


Squaw Creek Southern Railroad, Inc.--Lease and Operation 
Exemption--Central of Georgia Railroad Company

    Squaw Creek Southern Railroad, Inc. (SQS), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to lease and to operate, pursuant to an amendment dated August 31, 
2009, to a lease agreement

[[Page 47856]]

(Agreement) entered into on April 21, 2008, with Central of Georgia 
Railroad Company (CGA), a wholly-owned subsidiary of Norfolk Southern 
Railway Company (NSR), approximately 12.5 miles of CGA's rail line 
between milepost E-53-3 at Machen, Jasper County, GA, and milepost E-
65.8 at Newborn, Newton County, GA.
    SQS states that the line connects with CGA and CSX Transportation, 
Inc. SQS believes its Agreement does not include an interchange 
commitment that violates 49 CFR 1150.43(h) (requiring submission of 
complete version of agreement that may limit future interchange with a 
third-party connecting carrier). Nevertheless, SQS has concurrently 
filed with its notice a complete version of the Agreement, marked 
``highly confidential'' and submitted under seal pursuant to 49 CFR 
1104.14(a). SQS also states that under the Agreement, it will receive 
per car handling charges from NSR for each car originating or 
terminating on SQS and interchanged with CGA. According to SQS, the 
Agreement also provides for an annual amount of minimal rental which 
SQS may pay in full or against which it can receive an offset from cars 
interchanged to CGA. However, the Agreement provides that there is no 
restriction on SQS's ability to interchange traffic with any other 
connecting carrier and that SQS is permitted local and switch rates 
without interchange restrictions.
    SQS certifies that its projected annual revenues as a result of the 
transaction will not result in SQS becoming a Class II or Class I rail 
carrier and further certifies that its projected annual revenues will 
not exceed $5 million.
    SQS states that it expects to consummate the transaction on or 
after September 30, 2009. The earliest this transaction may be 
consummated is October 1, 2009, the effective date of the exemption (30 
days after the exemption was filed).
    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 September 24, 
2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35294, 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 Andrew P. Goldstein, McCarthy, 
Sweeney & Harkaway, P.C., 2175 K Street, NW., Suite 600, Washington, DC 
20037.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 14, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-22387 Filed 9-16-09; 8:45 am]
BILLING CODE 4915-01-P