[Federal Register Volume 73, Number 85 (Thursday, May 1, 2008)]
[Notices]
[Page 24115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9568]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35133]


Milwaukee Industrial Trade Center, LLC, d/b/a Milwaukee Terminal 
Railway--Acquisition and Operation Exemption--Line Owned by Milwaukee 
Industrial Trade Center, LLC, d/b/a Milwaukee Terminal Railway

    Milwaukee Industrial Trade Center, LLC, d/b/a Milwaukee Terminal 
Railway (MITC), a noncarrier, has filed a verified notice of exemption 
under 49 CFR 1150.31 \1\ to acquire and operate approximately 2 miles 
of rail line \2\ that is located within MITC's 84-acre plant site in 
Milwaukee, WI.
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    \1\ The notice of exemption in this proceeding originally was 
filed on April 14, 2008, but was amended on April 16, 2008. 
Therefore, the official filing date for the notice of exemption is 
April 16, 2008.
    \2\ The rail line proposed to be acquired and operated by MITC 
has been privately owned track, which was formerly owned by A.O. 
Smith Corp., then by Tower Automotive, Inc., and now by MITC.
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    MITC states that the line connects with a rail line owned by 
Canadian Pacific Railway Company, which is operated by Wisconsin & 
Southern Railroad Co. MITC further states that the rail line to be 
acquired and operated by MITC constitutes a line of railroad for which 
an exemption from the Board is required because it is MITC's initial 
rail acquisition and operation, notwithstanding that it might otherwise 
be considered to be spur, industrial, and/or switching track exempt 
from the Board's acquisition and operation authority under 49 U.S.C. 
10906.\3\
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    \3\ See Effingham RR Co.--Pet. for Declaratory Order, 2 S.T.B. 
606 (1997), aff'd sub nom. United Transp. Union--III. Legislative 
Bd. v. Surface Transp. Bd., 183 F.3d 606 (7th Cir. 1999); See also 
Bulkmatic RR.--Acquire and Operate--Bulkmatic Tranport, 6 S.T.B. 481 
(2002).
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    The transaction is expected to be consummated no sooner than 30 
days after the filing of the amended notice of exemption, or after the 
May 16, 2008 effective date of the exemption.
    MITC certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million.
    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 
transaction. Petitions for stay must be filed no later than May 9, 2008 
(at least 7 days before the exemption becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161 section 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. 35133, 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 Thomas F. McFarland, Thomas F. 
McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 
60604-1112.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 23, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-9568 Filed 4-30-08; 8:45 am]
BILLING CODE 4915-01-P