[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Notices]
[Pages 22389-22390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8890]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35606]


State of Michigan Department of Transportation--Acquisition 
Exemption--Certain Assets of Norfolk Southern Railway Company

    The State of Michigan Department of Transportation (MDOT), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire from Norfolk Southern Railway Company (NSR) certain 
right-of-way and trackage extending from (1) approximately milepost 
7.60 at Townline in Wayne County, Mich. to approximately milepost 
119.60 at CP Baron in Calhoun County, Mich., a distance of 
approximately 112.0 miles, and (2) approximately milepost 121.39 in 
Gord, Calhoun County, Mich., to approximately milepost 145.60 in 
Kalamazoo, Kalamazoo County, Mich., a distance of approximately 24.21 
miles (collectively, the line). MDOT states that, under the proposed 
transaction, NSR would not transfer to MDOT certain real property and 
personal property otherwise part of the line, including Wayne Yard and 
Willow Run Yard. According to MDOT, NSR will retain an exclusive, 
irrevocable, perpetual, assignable, divisible, licensable and 
transferable freight operations easement to provide freight rail 
service on the line.\1\
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    \1\ A motion to dismiss this notice of exemption on the grounds 
that the transaction does not require authorization from the Board 
was concurrently filed with this notice of exemption. MDOT requests 
that the Board give expedited consideration to the motion and issue 
a decision effective by May 31, 2012. The motion to dismiss will be 
addressed in a subsequent Board decision.

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[[Page 22390]]

    MDOT states that the proposed transaction has been agreed upon 
pursuant to an Agreement for Purchase and Sale by and between MDOT and 
NSR. According to MDOT, it would operate intercity passenger rail 
service, through a designated third-party operator, and MDOT would not 
acquire any freight operating rights. MDOT also states that the 
agreement does not contain any provisions that would limit interchange 
with a third party.
    MDOT certifies that, because it will not conduct any rail 
operations on the line being acquired, 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.
    MDOT states that it expects to consummate the proposed transaction 
on May 31, 2012, or later. The earliest this transaction may be 
consummated is April 29, 2012, the effective date of the exemption (30 
days after the exemption is filed).
    If the 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. 
Petitions for stay must be filed no later than April 20, 2012 (at least 
7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35606, 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. Sheys, Nossaman LLP, 1666 K Street 
NW., Suite 500, Washington, DC 20006.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: April 10, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-8890 Filed 4-12-12; 8:45 am]
BILLING CODE 4915-01-P