[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Notices]
[Pages 61049-61050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24634]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35677]


Iowa Traction Railway Company--Change in Operators Exemption--
Rail Line of Backtrack, Inc.

    Iowa Traction Railway Company (Iowa Railway) \1\ has filed a 
verified notice of exemption under 49 CFR 1150.31 to change operators 
from Iowa Traction Railroad Company (Iowa Railroad) to Iowa Railway 
over a 3-mile rail line between milepost 152.5 and milepost 155.5 at 
Mason City, Iowa (the Line), owned by Backtrack, Inc. (Backtrack).\2\ 
The change in operators for the Line is being accomplished through Iowa 
Railroad's assignment of its authority to operate the Line to Iowa 
Railway, with the consent of Backtrack. Iowa Railway states that the 
change of operators of the Line does not involve a provision or 
agreement that may limit future interchange between Iowa Railway and a 
third-party connecting rail carrier. This change in operators is exempt 
under 49 CFR 1150.31(a)(3).\3\
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    \1\ As of the September 19, 2012, the filing date of this notice 
of exemption, Iowa Railway was a noncarrier. Iowa Railway was 
authorized to acquire from Iowa Traction Railroad Company (Iowa 
Railroad) and to operate a 10.4-mile line of railroad in Cerro Gordo 
County, Iowa. Iowa Traction Ry.--Acquis. and Operation Exemption--
Rail Line of Iowa Traction R.R., FD 35670 (STB served Sept. 14, 
2012). As of September 30, 2012, the effective date of the 
exemption, Iowa Railway states that it became a Class III rail 
carrier. In Progressive Rail Incorporated--Continuance in Control 
Exemption--Iowa Traction Railway Company, FD 35671 (STB served Sept. 
14, 2012), Progressive Rail Incorporated was authorized to continue 
in control of Iowa Railway upon Iowa Railway's becoming a Class III 
rail carrier. This exemption also became effective on September 30, 
2012.
    \2\ Iowa Railroad was authorized to lease and operate the 3-mile 
rail line from the owner, Hermitage Homes, Inc. (Hermitage), in Iowa 
Traction Railroad Company--Operation Exemption--Hermitage Homes, 
Inc., FD 31353, (ICC served Nov. 23, 1988). Backtrack is the 
corporate successor of Hermitage.
    \3\ To qualify for a change of operators exemption, an applicant 
must give notice to shippers on the line. See 49 CFR 1150.32(b). In 
a letter filed on September 24, 2012, Iowa Railway certified to the 
Board that, at present, there are no shippers on the Line; 
therefore, no service of this notice is required on shippers.
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    The transaction may be consummated on or after October 19, 2012 (30 
days after the notice of exemption was filed).
    Iowa Railway certifies that its projected annual revenues as a 
result of this transaction will not exceed $5 million and will not 
result in Iowa Railway's 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. Petitions for stay must be filed no later than October 12, 
2012 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35677, 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, 208 South LaSalle 
Street, Suite 1890, Chicago, IL 60604.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: October 2, 2012.


[[Page 61050]]


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-24634 Filed 10-4-12; 8:45 am]
BILLING CODE 4915-01-P