| SURFACE TRANSPORTATION BOARD DECISION DOCUMENT | |||
| Decision Information |  | | |
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Docket Number: | FD_35696_0 | | |
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Case Title: | MICHIGAN SOUTHERN RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--RMW VENTURES, LLC AND MAUMEE & WESTERN RAILROAD CORPORATION | ||
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Decision Type: | Notice Of Exemption | ||
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Deciding Body: | Director Of Proceedings | ||
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| Decision Summary | | | |
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Decision Notes: | PROVIDED NOTICE THAT MICHIGAN SOUTHERN RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE AN APPROXIMATELY 51-MILE RAIL LINE BETWEEN MILEPOST 79.0, NEAR WOODBURN, IND. AND MILEPOST TN-28.0 NEAR LIBERTY CENTER, OHIO. | ||
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| Decision Attachments | |||
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| Full Text of Decision | | | |
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42816 SERVICE DATE - DECEMBER 14, 2012 DO FR-4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35696] Michigan Southern Railroad Company—Acquisition and Operation Exemption—RMW Ventures, LLC and Maumee & Western Railroad Corporation Michigan Southern Railroad Company (MSO), a Class III rail
carrier, has filed a verified notice of exemption under 49 C.F.R. § 1150.41 to acquire and
operate an approximately 51-mile rail line between milepost 79.0, near
Woodburn, Ind. and milepost TN-28.0 near Liberty Center, Ohio. MSO has reached an agreement for the
transaction with RMW Ventures, LLC, which owns the line,[1]
and with Maumee & Western Railroad Corporation, which operates the line.[2] MSO states that the agreement does not
contain a provision that would limit future interchange with a third-party
connecting carrier. The transaction may not be consummated prior to December 28, 2012 (30 days after the notice of exemption was filed). MSO 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 December 21, 2012 (at least seven days before the
exemption becomes effective). An original and 10 copies of all pleadings, referring
to Docket No. FD 35696, must be filed with the Surface
Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on Daniel A. LaKemper, General
Counsel, Michigan Southern Railroad Company, 1318 S. Johanson Road, Peoria,
IL 61607. Board decisions and notices are available on our website at “WWW.STB.DOT.GOV”. Decided: December 11, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. | |||