[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Notices]
[Page 71680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29051]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35698]


Buckeye East Chicago Railroad, LLC--Acquisition and Operation 
Exemption--Buckeye Partners, L.P.

    Buckeye East Chicago Railroad, LLC (BERR), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to acquire from 
Buckeye Partners, L.P., a noncarrier, and to operate approximately 
7,065 feet (1.34 miles) of track,\1\ existing railroad right-of-way, 
and bulk liquid transloading facilities in East Chicago, Ind. BERR will 
interchange traffic with the Indiana Harbor Belt Railroad Company.
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    \1\ Applicant states that the track does not have designated 
mileposts.
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    The transaction may be consummated on or after December 16, 2012 
(30 days after the notice of exemption was filed).
    BERR certifies that 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.
    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.\2\ Petitions to stay must be filed no later than December 7, 
2012 (at least seven days before the exemption becomes effective).
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    \2\ Upon effectiveness of this exemption, only BERR will be 
authorized to operate the subject track and transloading facilities. 
In its filing, BERR states that it has reached an agreement, 
attached to the filing, with Landisville Railroad, LLC 
(Landisville), a Class III rail carrier, to operate the track and 
facilities. However, Landisville does not have Board authority to 
conduct those operations and may not do so until it seeks and 
obtains appropriate Board authority.
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    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35698, 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 David C. Dillon, 111 West Washington Street, 
Suite 1023, Chicago, IL 60602.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: November 27, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Unit.
[FR Doc. 2012-29051 Filed 11-30-12; 8:45 am]
BILLING CODE 4915-01-P