[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Pages 65835-65836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29496]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35327]


Blacklands Railroad, Inc.--Lease and Operation Exemption--Rusk 
County Rural Rail District

    Blacklands Railroad, Inc. (BLR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to lease from 
Rusk County Rural Rail District (RCRRD), and to operate, a 15.69-mile 
line of railroad extending between milepost 0.59 near Overton, TX, and 
milepost 16.28 near Henderson, TX.\1\
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    \1\ Union Pacific Railroad Company (UP) has obtained Board 
authority to abandon this line of railroad in Union Pacific Railroad 
Company--Abandonment--in Rusk County, TX, STB Docket No. AB-33 (Sub-
No. 275) (STB served Sept. 11, 2009), but has not consummated the 
abandonment. In lieu of abandonment, UP has agreed to sell the 
right-of-way, track, and track structures to RCRRD for continued 
rail service. In turn, BLR will lease the line from RCRRD and 
operate it.
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    The transaction is expected to be consummated on or shortly after 
December 28, 2009, when RCRRD acquires the line from UP.
    BLR certifies that its projected annual revenues as a result of 
this transaction will not result in BLR becoming a Class II or Class I 
rail carrier. BLR further certifies that its projected annual revenues 
as a result of this transaction will not exceed $5 million. BLR states 
that its lease agreement with RCRRD will not contain a provision 
prohibiting BLR from interchanging traffic with a third party.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35330, Rusk County Rural Rail 
District--Acquisition Exemption--Union Pacific Railroad Company. In 
that proceeding, RCRRD seeks to acquire from UP the 15.69 miles of rail 
line that BLR seeks to lease and operate in this proceeding.
    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. 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. 35327, 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 Karl Morell, Of Counsel, Ball 
Janik LLP, Suite 225, 1455 F Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.


[[Page 65836]]


    Decided: December 7, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-29496 Filed 12-10-09; 8:45 am]
BILLING CODE 4915-01-P