[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Page 65832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29513]



[[Page 65832]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35330]


Rusk County Rural Rail District--Acquisition Exemption--Union 
Pacific Railroad Company

    Rusk County Rural Rail District (RCRRD), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire from Union 
Pacific Railroad Company (UP) a 15.69-mile line of railroad beginning 
at milepost 0.59 near Overton, TX, and ending at milepost 16.28 near 
Henderson, TX.\1\
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    \1\ 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.
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    RCRRD anticipates that the transaction will be consummated on or 
after December 28, 2009.
    RCRRD certifies that its projected annual revenues as a result of 
this transaction will not exceed $5 million and will not result in the 
creation of a Class II or Class I rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35327, Blacklands Railroad, 
Inc.--Lease and Operation Exemption--Rusk County Rural Rail District. 
In that proceeding, Blacklands Railroad, Inc. (BLR) seeks to lease from 
RCRRD and operate the 15.69 miles of rail line that RCRRD seeks to 
acquire in this proceeding. According to RCRRD, on the date that RCRRD 
acquires the line, BLR will assume responsibility for operating the 
line pursuant to a lease agreement between RCRRD and BLR.
    RCRRD states that it has reached an agreement with UP on the 
principal terms of the transaction but they have not yet finalized it. 
RCRRD anticipates finalizing the agreement before the effective date of 
the notice. RCRRD also states that the proposed acquisition of the line 
will not involve any provision or agreement between UP and RCRRD that 
would limit future interchange with a third-party connecting carrier, 
as the line only connects with UP at Overton, TX.
    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. 35330, 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 Robert A. Wimbish, Baker & 
Miller PLLC, 2401 Pennsylvania Ave., NW., Suite 300, Washington, DC 
20037.
    Board decisions and notices are available on our website 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. E9-29513 Filed 12-10-09; 8:45 am]
BILLING CODE 4915-01-P