[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Notices]
[Page 68523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28642]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35558]


Utah Southern Railroad Company, LLC--Change in Operators 
Exemption--Iron Bull Railroad Company, LLC

    Utah Southern Railroad Company, LLC (USRC), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to change operators 
from Iron Bull Railroad Company (IBRC) to USRC on a rail line known as 
the Comstock Subdivision (the line) that extends between milepost 0.1 
at or near Iron Springs, Utah, and milepost 14.7 at or near Iron 
Mountain, Utah, a distance of 14.6 miles in Iron County, Utah. The line 
is leased from Union Pacific Railroad Company by PIC Railroad, LLC 
(PIC) and is operated by USRC pursuant to an operating agreement with 
PIC. This change in operators is exempt under 49 CFR 1150.31(a)(3).\1\
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    \1\ To qualify for a change of operators exemption, an applicant 
must give notice to shippers on the line. See 49 CFR 1150.32(b). On 
October 26, 2011, USRC filed certification that notice had been 
given to the sole shipper on the line, CML Metals Corporation.
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    In 2006, IBRC filed a verified notice of exemption under 49 CFR 
1150.31 for operation of the line pursuant to an operating agreement 
with PIC.\2\ In a letter dated September 30, 2008, USRC notified the 
Board that, effective October 1, 2008, the name of IBRC was being 
changed to USRC. USRC now states, however, that, as of the date of that 
letter, USRC ``had been incorporated, and acquired IBRC's operating 
authority, and operated [the line] as a corporation separate and 
distinct from IBRC.'' Counsel for USRC recently became aware that USRC 
has a corporate existence separate from IBRC and that IBRC's corporate 
existence has been dissolved, and USRC therefore now files this notice 
to obtain the required exemption to change operators of the line.
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    \2\ Iron Bull R.R.--Operation Exemption--PIC R.R., FD 34897 (STB 
served Sept. 14, 2006).
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    USRC certifies that as a result of this transaction its projected 
revenues will not exceed those that would qualify it as a Class III 
rail carrier and that such revenues would not exceed $5 million 
annually. As discussed above, the proposed transaction has been 
consummated.
    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 exemption will 
be effective November 20, 2011 (30 days after the notice of exemption 
was filed). The filing of a petition to revoke will not automatically 
stay the effectiveness of the exemption. Petitions for stay must be 
filed no later than November 10, 2011.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35558, 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, 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: November 1, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-28642 Filed 11-3-11; 8:45 am]
BILLING CODE 4915-01-P