[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Notices]
[Page 25310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10788]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35374]


Port Harbor Railroad, Inc.--Lease and Operation Exemption--Line 
of Tri-City Regional Port District

    Port Harbor Railroad, Inc. (Port Harbor), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease from Tri-
City Regional Port District (Tri-City), and to operate, a 2.97-mile 
line of railroad extending between milepost 0.00 and milepost 2.97 in 
Madison County, Ill.
    The transaction is expected to be consummated on or after June 10, 
2010.
    Port Harbor 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. Port Harbor further certifies that its 
projected annual revenues as a result of this transaction will not 
exceed $5 million.
    According to Port Harbor, Tri-City is not a common carrier and has 
no intention of becoming one. Port Harbor states that, at the present 
time, the industries located on Tri-City's property receive service 
over the rail lines of the Terminal Railroad Association of St. Louis 
that end at milepost 0.00. From milepost 0.00 to milepost 2.97, service 
is performed by a contractor hired by Tri-City to provide switching 
service. Port Harbor explains that the proposed transaction will 
provide more coordinated service to shippers by licensing Port Harbor 
as a common carrier on the 2.97-mile line and through industrial track 
agreements with Port Harbor to provide switching service. The lease and 
operation agreement covers all track and railroad rights-of-way between 
milepost 0.00 and milepost 2.97, including all appurtenances thereto, 
and any bridges, culverts or other structures over which such track or 
tracks may be constructed. Port Harbor states that the proposed 
transaction will not involve any agreement that would limit future 
interchange traffic with a third-party connecting 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. Stay petitions must be filed no later than May 14, 2010 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35374, 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 Andrew P. Goldstein, McCarthy, Sweeney & 
Harkaway, P.C., 1825 K Street, NW., Suite 700, Washington, DC 20006.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: May 3, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-10788 Filed 5-6-10; 8:45 am]
BILLING CODE 4915-01-P