[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69928-69929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28289]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35688]


Transco Railway Products Inc.--Acquisition and Operation 
Exemption--D&W Railroad LLC

    Transco Railway Products Inc. (Transco), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire from D&W 
Railroad LLC (D&W) and to operate approximately 23 miles of tracks in 
Oelwein, Iowa. The tracks consist of: (1) A series of approximately 24 
parallel, stub-ended track segments (identified as the ``Stub-ended 
Tracks''); (2) track segments that connect to the D&W main line, which 
segments include three parallel tracks northeast of the Stub-ended 
Tracks (identified as Track Nos. 0, 1, and 2), and tracks identified as 
the ``Depress Track,'' the ``Back Lead,'' and the ``Freight Track'' 
(the Freight Track leads to Transco's facility in Oelwein); and (3) 
track segments identified as the ``Round House Track'' and the ``Diesel 
Track'' (each of which connects to the Freight Track), and the 
``Crossover Track'' (which connects the Freight Track to the Back Lead 
track).\1\ The tracks are located west of the main line, north of 
Fourth Street SW., and south of 50th Street.
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    \1\ Concurrently with its verified notice of exemption, Transco 
filed a motion to dismiss the notice, alleging that it does not need 
Board authority to acquire and operate over the subject tracks 
because the tracks are excepted yard track, pursuant to 49 U.S.C. 
10906. Transco's motion to dismiss will be addressed in a subsequent 
Board decision.
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    The transaction may not be consummated prior to December 5, 2012 
(30 days after the notice of exemption was filed).
    Transco certifies that its projected annual revenues would not 
exceed that

[[Page 69929]]

which would qualify it as a Class III rail carrier, and further states 
that its projected annual revenue would not exceed $5 million.
    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 to stay must be filed no later than November 28, 
2012 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35688, 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 Rose-Michele Nardi, 1300 19th Street NW., 
Fifth Floor, Washington, DC 20036-1609.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: November 15, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-28289 Filed 11-20-12; 8:45 am]
BILLING CODE 4915-01-P