[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Notices]
[Pages 52837-52838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24693]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35304]


San Francisco Bay Railroad-Mare Island--Operation Exemption--
California Northern Railroad

    San Francisco Bay Railroad-Mare Island (SF Bay-Mare Is.), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to operate approximately 8 miles of unmarked rail line (the 
line) owned by the City of Vallejo (the City) and Lennar Mare Island, 
LLC (LMI), in Vallejo, CA. There are no mileposts on the line; however, 
the track is described as extending from a junction located on the 
California Northern Railroad approximately 800 feet north of Sereno 
Drive in Vallejo, CA, to the end of track just south of Detoro Way on 
Mare Island in the City of Vallejo, CA, and branching at A Street on 
Mare Island to the end of track at approximately L Street on Mare 
Island in the City of Vallejo, CA. SF Bay-Mare Is. states that it 
intends to interchange traffic with the California Northern Railroad at 
Flosden Acres, in Vallejo, CA.
    This transaction is related to a concurrently filed notice of 
exemption for David Gavrich to continue in control of SF Bay-Mare Is. 
upon SF Bay-Mare Is.'s becoming a Class III rail carrier. See David 
Gavrich--Continuance in Control Exemption--San Francisco Bay Railroad-
Mare Island, STB Finance Docket No. 35303.
    SF Bay-Mare Is. is currently negotiating an operating agreement 
with the City. SF Bay-Mare Is. states that it intends to commence 
operations over the line as soon as authority is granted.
    SF Bay-Mare Is. certifies that its projected annual revenues as a 
result of the transaction will not exceed those that would qualify it 
as a Class III rail carrier.
    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 effectiveness of the 
exemption. Petitions for stay must be filed no later than October 21, 
2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35304, 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 John F. McHugh, 6 Water St., 
New York, NY 10004.

[[Page 52838]]

    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: October 8, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-24693 Filed 10-13-09; 8:45 am]
BILLING CODE 4915-01-P