[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Notices]
[Pages 74768-74769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30079]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35433]


Madison Terminal Railway, LLC--Lease and Operation Exemption--
Line of Railroad in Dane County, WI

    Madison Terminal Railway, LLC (MTR), a noncarrier, has filed a 
verified notice of exemption, under 49 CFR 1150.31, to lease and 
operate an existing 0.3-mile industrial spur owned by LN Real Estate, 
LLC, a noncarrier. The industrial spur originates at the connection 
with the Union Pacific Railroad Company's (UP) Cottage Grove Industrial 
Lead at milepost 78.02 in Madison, WI, and is located entirely within 
the property of ProBuild Holding, LLC (ProBuild), which currently 
leases the line.\1\ UP's Cottage Grove Industrial Lead is currently 
operated by the Wisconsin & Southern Railroad Company (WSOR) pursuant 
to a lease agreement authorized in Wisconsin & Southern Railroad--Lease 
& Operation Exemption--Union Pacific Railroad, FD 33139 (STB served 
Oct. 30, 1996).
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    \1\ According to MTR, there are no mileposts for the existing 
0.3 mile industrial spur.
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    MTR states that it will shortly execute an agreement with ProBuild 
to sub-lease the unused existing industrial spur to revive railroad 
services on the spur and operate as an independent common carrier 
performing transloading service for potential railroad freight 
customers at the proposed transload facility. MTR further states that 
it expects to enter into an interchange agreement with WSOR to provide 
inbound and outbound rail freight transportation services to MTR's 
transload facility, but it will not operate on UP's line and will 
confine its operations to its line of railroad within the proposed 
transload facility. As a result of the transaction, MTR states that it 
will become a Class III carrier of an existing industrial spur that 
will be converted to a common carrier line of railroad that connects 
with UP's existing line.\2\
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    \2\ On November 17, 2010, MTR filed an amendment to correct 
references in its notice of exemption to MTR's reporting marks and 
The Wisconsin Department of Transportation, Rails and Harbors 
Section.

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[[Page 74769]]

    MTR certifies that its projected revenues as a result of the 
transaction will not exceed $5 million annually and will not result in 
it becoming a Class I or Class II carrier. The earliest this 
transaction may be consummated is December 15, 2010, the effective date 
of the exemption (30 days after the exemption was filed).\3\
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    \3\ MTR states in its notice that it plans to commence 
operations on the effective date of the exemption.
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    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. 
Petitions for stay must be filed no later than December 8, 2010 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35433, 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 James H.M. Savage, Law Offices of John D. 
Heffner, PLLC, 1750 K Street, NW., Suite 200, Washington, DC 20006.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 23, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-30079 Filed 11-30-10; 8:45 am]
BILLING CODE 4915-01-P