[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Page 63991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26632]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35555]


Midwest Rail d/b/a Toledo, Lake Erie and Western Railway--Lease 
and Operation Exemption--Toledo, Lake Erie and Western Railway and 
Museum, Inc.

    Midwest Rail d/b/a Toledo, Lake Erie and Western Railway (Toledo), 
a noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to lease from Toledo, Lake Erie and Western Railway and Museum, 
Inc. (the Museum), and to operate, a 10-mile rail line extending 
between a point of connection with Norfolk Southern Railway's (NSR) 
trackage at milepost 15 in Waterville, Ohio, and the end of the line at 
milepost 25 in Grand Rapids, Ohio (the Line).
    In the notice, Toledo states that the Line was originally 
constructed by the Toledo, St. Louis and Western Railroad and was 
subsequently acquired by the New York, Chicago & St. Louis Railway as 
part of its Cloverleaf Division. NSR's predecessor, the Norfolk & 
Western Railway, subsequently acquired the Line, abandoned it, and sold 
the track to the Museum. Currently, only excursion passenger rail 
service is being provided on the Line by the Museum.
    As a result of this transaction, and pursuant to an agreement with 
the Museum, Toledo will provide common carrier rail service over the 
Line, connecting with and interchanging traffic with NSR, and also will 
provide excursion passenger service. Toledo states that the Museum is 
currently preparing a lease and operating agreement for the parties to 
sign and that the agreement should be executed in the very near future, 
before the notice becomes effective.\1\
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    \1\ Once Toledo enters into the agreement, it should submit the 
agreement into the record in this proceeding in order to provide 
sufficient information and documentation for the Board to determine 
whether the owner-lessor can exert undue control over the lessee-
carrier's operations. See Anthony Macrie--Continuance in Control 
Exemption--N.J. Seashore Lines, Inc., FD 35296, slip op. at 3 (STB 
served Aug. 31, 2010); N. Shore R.R.--Acquis. & Operation 
Exemption--PPL Susquehanna, LLC, FD 35377, slip op. at 3 (STB served 
Apr. 26, 2011).
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    According to Toledo, there are no agreements applicable to the Line 
imposing any interchange commitments. Toledo notes that the Line does 
not physically connect with any rail lines other than that owned by 
NSR.
    The earliest the transaction can be consummated is October 30, 
2011, the effective date of the exemption (30 days after the exemption 
was filed).
    Toledo certifies that its projected annual revenues as a result of 
this transaction will not exceed $5 million annually and will not 
result in it becoming a Class I or Class II rail carrier.
    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 
exemption. Stay petitions must be filed no later than October 21, 2011 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35555, 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 John D. Heffner, 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: October 11, 2011.

    By the Board.
Joseph H. Dettmar,
Acting Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-26632 Filed 10-13-11; 8:45 am]
BILLING CODE 4915-01-P