American Surface Lines, LLC-Acquisition and Operation Exemption-Mikrut Properties, LLLP, 37660 [2013-14770]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Notices]
[Page 37660]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14770]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35741]


American Surface Lines, LLC--Acquisition and Operation 
Exemption--Mikrut Properties, LLLP

    American Surface Lines, LLC (ASL), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire by 
assignment from Mikrut Properties, LLLP (MP), and to operate as a 
common carrier, certain rail lines that comprise a total distance of 
1.56 miles in Winona, Winona County, Minn.
    The lines are described as follows: (a) 1.37 miles (7,215 feet) of 
rail line, comprised of seven tracks, extending from point of 
connection with the main line of Soo Line Railroad Company, d/b/a 
Canadian Pacific Railroad Company (CP) at or near Pelzer Street to a 
transloading facility owned and operated by MP; and (b) 0.19 miles of 
rail line, comprised of two nearby tracks of approximately 500 feet 
each, extending from point of connection with the main line of Union 
Pacific Railroad Company (UP) at or near 3rd Street to a transloading 
facility also owned and operated by MP. ASL states that there are no 
mileposts on the lines. ASL also states that there are no interchange 
commitments between ASL and MP.
    According to ASL, the lines have been operated by MP as private 
tracks. ASL states that the MP tracks that connect to CP's line have 
been operated pursuant to a private siding agreement between CP and MP 
dated May 22, 2012. According to ASL, MP is assigning to ASL that 
agreement, and ASL will terminate the agreement and operate the tracks 
as common carrier tracks. ASL also explains that the MP tracks that 
connect to UP's line have been operated by MP pursuant to a lease from 
UP dated May 20, 2011. ASL states that MP is assigning to ASL that 
lease with UP's written consent.
    The earliest the transaction can be consummated is July 6, 2013, 
the effective date of the exemption (30 days after the exemption was 
filed).
    ASL 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. Petitions to stay must be filed no later than June 28, 2013 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35741, 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 Thomas F. McFarland, Thomas F. McFarland, 
P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 60604-1112.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: June 17, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-14770 Filed 6-20-13; 8:45 am]
BILLING CODE 4915-01-P