Pursuant to a written trackage rights agreement,
In a revised notice of exemption filed on December 17, 2008 in STB Finance Docket No. 35205,
The earliest this transaction may be consummated is January 10, 2009, the effective date of the exemption (30 days after the exemption was filed).
The purpose of the trackage rights is to achieve operating economies and to improve rail service by making operations by WSRY more efficient.
As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in
This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false or misleading information, the exemption is void
Pursuant to the Consolidated Appropriations Act, 2008, Pub. L. 110–161, § 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.
An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35208, 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 Thomas F. McFarland, 208 South LaSalle Street, Suite 1890, Chicago, IL 60604.
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By the Board, David M. Konschnik, Director, Office of Proceedings.