[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Page 65831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29495]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35329]


A&R Terminal Railroad Company--Acquisition and Operation 
Exemption--A&R Logistics, Inc.

    A&R Terminal Railroad Company (ARTR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire, by lease, 
and to operate A&R Logistics, Inc.'s (A&R) Morris Transload Facility 
and approximately 6.25 miles of right-of-way and trackage located in 
the transload facility, in Morris, IL.\1\
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    \1\ The Morris Transload Facility trackage is not described by 
milepost numbers.
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    ARTR states that the rail line to be acquired and operated by ARTR 
constitutes a line of railroad for which an exemption from the Board is 
required because it is ARTR's initial rail acquisition and operation, 
notwithstanding that it might otherwise be considered to be spur, 
industrial, and/or switching track exempt from the Board's acquisition 
and operation authority under 49 U.S.C. 10906.\2\
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    \2\ See Effingham RR Co.--Pet. for Declaratory Order, 2 S.T.B. 
606 (1997), aff'd sub nom. United Transp. Union--Ill. Legislative 
Bd. v. Surface Transp. Bd., 183 F.3d 606 (7th Cir. 1999); see also 
Bulkmatic RR.--Acquire and Operate--Bulkmatic Transport, 6 S.T.B. 
481 (2002).
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    The earliest this transaction may be consummated is December 25, 
2009, the effective date of the exemption (30 days after the verified 
notice of exemption was filed).
    ARTR certifies that its projected 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 ARTR's 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. Stay petitions must be filed no later than December 18, 2009 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35329, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on David C. Dillon, Dillon & Nash, 
Ltd., 111 West Washington Street, Suite 719, Chicago, IL 60602.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 7, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-29495 Filed 12-10-09; 8:45 am]
BILLING CODE 4915-01-P