[Federal Register: August 20, 2008 (Volume 73, Number 162)]
[Notices]
[Page 49241]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au08-120]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35172]
Iowa Northern Railway Company--Temporary Trackage Rights
Exemption--Union Pacific Railroad Company
Union Pacific Railroad Company (UP), pursuant to a written trackage
rights agreement entered into between UP and Iowa Northern Railway
Company (Iowa Northern), has agreed to grant Iowa Northern overhead
temporary trackage rights between milepost 81.5 and milepost 86.0 on
UP's Cedar Rapids Industrial Lead in Cedar Rapids, IA, a distance of
approximately 4.5 miles.\1\
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\1\ An amendment was filed on August 8, 2008, referencing the
correct mileage in this proceeding as 4.5 miles (in lieu of 4.9
miles as originally filed).
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The transaction may be consummated on or after September 4, 2008,
and the temporary trackage rights are intended to expire on May 31,
2009.\2\ The purpose of the temporary trackage rights is to enable Iowa
Northern to continue to provide interchange service between Iowa
Northern and Cedar Rapids and Iowa City Railway (CIC), as a result of
severe flooding and the resulting loss of CIC's railroad bridge over
the Cedar River in Cedar Rapids.
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\2\ Although applicant states that the parties propose
consummating the transaction on August 31, 2008, no consummation may
take place under Board rules until September 4, 2008--the effective
date of the exemption. See 49 CFR 1180.4(g).
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As a condition to this exemption, any employees affected by the
acquisition of the temporary trackage rights will be protected by the
conditions imposed in Norfolk and Western Ry. Co.--Trackage Rights--BN,
354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.--Lease
and Operate, 360 I.C.C. 653 (1980), and any employees affected by the
discontinuance of those trackage rights will be protected by the
conditions set out in Oregon Short Line R. Co.--Abandonment--Goshen,
360 I.C.C. 91 (1979).
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.
This notice is filed under 49 CFR 1180.2(d)(8). If it 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 transaction. Petitions for stay must be filed no later than
August 28, 2008 (at least 7 days before the exemption becomes
effective).
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 35172, 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 T. Scott Bannister, 305 Second
Street Southeast, Suite 400, Cedar Rapids, IA 52401.
Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.
Decided: August 12, 2008.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-19135 Filed 8-19-08; 8:45 am]
BILLING CODE 4915-01-P