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Meridian Southern Railway, LLC--Construction of Connecting Track Exemption--in Lauderdale County, MS

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[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Notices]
[Page 34391-34392]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy09-139]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35218]

Meridian Southern Railway, LLC--Construction of Connecting Track
Exemption--in Lauderdale County, MS

    Meridian Southern Railway, LLC (MDS) has filed a verified notice of
exemption under 49 CFR 1150.36 to construct approximately 1,910 feet of
track in Lauderdale County, MS. The track to be constructed will extend
from the existing MDS track near Interchange Road to a yard track
(designated Number 4 track) in the existing Norfolk Southern Railway
Company (NS) rail yard near NS milepost 3.2 in Meridian, MS. The track
to be constructed will connect MDS to the NS main line, whereas MDS
currently connects only to the Kansas City Southern Railway Company
main line. The connection will be constructed within existing rail
rights-of-way (owned either by MDS or NS) and within an acquired
railroad easement.

[[Page 34392]]

    Since MDS acquired its rail line in 2000,\1\ MDS has served several
major customers on the line, including the Marshall Durbin Poultry
complex at Waynesboro, the Hood Lumber Company at Waynesboro, Georgia
Pacific at Meridian, and Atlas Roofing at Meridian. MDS also serves a
number of smaller customers including Bazor Lumber Company in Quitman,
Scotch Plywood in Waynesboro, Culbreth Timber Company in Quitman, and
Southwood Door Company in Quitman. MDS anticipates that the proposed
connecting track will provide these existing shippers and consignees
with improved access to the national rail system by the addition of a
routing option with more efficient flow and adding price competition.
MDS anticipates that the proposed connection will encourage increased
shipments from existing customers and foster new economic development
in the East Mississippi area served by MDS.
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    \1\ See Meridian Southern Railway, LLC--Acquisition and
Operation--Lines of Kansas City Southern Railway Company, STB
Finance Docket No. 33854 (STB served Aug. 29, 2000).
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    Construction is proposed to begin no earlier than 90 days after the
filing of this notice of exemption.
    MDS has certified that it has complied with the Board's
environmental rules at 49 CFR 1105 and with the pre-filing notice
requirements at 49 CFR 1150.36(c)(1).
    MDS has submitted environmental and historic reports required under
49 CFR 1105.7 and 1105.8. Under 49 CFR 1150.36(c)(3), the Board's
Section of Environmental Analysis (SEA) will generally issue an
environmental assessment (EA) 15 days after the Federal Register
notice, here by July 30, 2009. However, under 49 CFR 1150.36(c)(10), a
stay of the effective date may be issued if an informed decision on
environmental issues cannot be made prior to September 23, 2009.\2\
Interested persons may obtain a copy of the EA by writing to SEA (Room
1100, Surface Transportation Board, Washington, DC 20523-0001) or by
calling SEA, at (202) 245-0305. Assistance for the hearing impaired is
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339. Comments on environmental and historic preservation
matters must be filed within 30 days after the EA becomes available to
the public.
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    \2\ See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989).
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    On completion of the environmental review, the Board will issue a
decision addressing those matters and making the exemption effective at
that time, if appropriate, subject to any necessary conditions, thereby
allowing construction to begin.
    This exemption will be effective on September 23, 2009, unless
stayed. Petitions to stay that do not involve environmental issues must
be filed by July 24, 2009. Petitions for reconsideration must be filed
by August 4, 2009.
    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 transaction.
    Any original and 10 copies of all pleadings, referring to STB
Finance Docket No. 35218, 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 Kevin M. Shays, K&L Gates LLP,
1601 K Street, NW., Washington, DC 20006.
    Board decisions and notices are available on our Web site at 
http://www.stb.dot.gov.

    Decided: July 8, 2009.

    By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-16636 Filed 7-10-09; 8:45 am]
BILLING CODE 4915-01-P

 
 

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