[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 36017-36018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14178]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35725]


MCM Rail Services LLC, d/b/a Baltimore Industrial Railroad--
Operation Exemption--Hilco SP Rail, LLC

    MCM Rail Services LLC, d/b/a Baltimore Industrial Railroad (MCM), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to operate as a common carrier over an approximately 12-mile 
line of railroad in Sparrows Point, Baltimore County, Md. (the Line), 
pursuant to an agreement with Hilco SP Rail, LLC (Hilco).\1\ MCM states 
that there are no mileposts on the Line.
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    \1\ Hilco filed a notice of exemption to acquire and operate the 
Line, which was served and published in the Federal Register on 
April 26, 2013. Hilco SP Rail, LLC--Acquisition and Operation 
Exemption--RG Steel Railroad Holding, LLC, FD 35734 (STB served Apr. 
26, 2013); 78 FR 24,803 (Apr. 26, 2013).
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    MCM's notice was held in abeyance by decision served April 5, 2013, 
because, among other things, MCM had previously filed a petition for 
exemption in MCM Rail Services LLC--Petition for Retroactive 
Exemption--In Sparrows Point, Md., Docket No. FD 35707, requesting 
essentially the same authority sought here. In a decision served June 
11, 2013, the Board granted MCM's motion to withdraw that petition for 
exemption, and concurrently lifted the abeyance in this proceeding.
    According to MCM, it has entered into a Railroad Services Agreement 
(Agreement) with Hilco to operate the Line until March 14, 2016, and, 
unless the Agreement is extended or MCM is otherwise able to continue 
service, MCM shall seek discontinuance authority from the Board prior 
to discontinuing service over the Line.
    MCM states that there are no interchange commitments or paper 
barriers in the Agreement. MCM also states it will interchange traffic 
with CSX Transportation, Inc. (CSXT) and Norfolk Southern Railway 
Company (NSR) and that there will not be any interchange commitments or 
paper barriers between MCM and CSXT or MCM and NSR.
    The transaction may be consummated on or after June 28, 2013 (the 
effective date of this exemption).
    MCM certifies that that the projected annual revenues as a result 
of this transaction will not exceed those that would qualify it as a 
Class III rail carrier and further certifies that its projected annual 
revenue will not exceed $5 million.

[[Page 36018]]

    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 June 21, 2013 
(at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35725, 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 Louis E. Gitomer, Law Offices of Louis E. 
Gitomer LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: June 11, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-14178 Filed 6-13-13; 8:45 am]
BILLING CODE 4915-01-P