| SURFACE TRANSPORTATION BOARD DECISION DOCUMENT | |||
| Decision Information |  | | |
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Docket Number: | FD_35677_0 | | |
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Case Title: | IOWA TRACTION RAILWAY COMPANY--CHANGE IN OPERATORS EXEMPTION--RAIL LINE OF BACKTRACK, INC. | ||
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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 IOWA TRACTION RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO CHANGE OPERATORS FROM IOWA TRACTION RAILROAD COMPANY TO IOWA RAILWAY OVER A 3-MILE RAIL LINE BETWEEN MILEPOST 152.5 AND MILEPOST 155.5 AT MASON CITY, IOWA (THE LINE), OWNED BY BACKTRACK, INC. | ||
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| Full Text of Decision | | | |
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42701 SERVICE DATE – OCTOBER 5, 2012 DO FR-4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35677] Iowa Traction Railway Company—Change in Operators Exemption—Rail Line of Backtrack, Inc. Iowa Traction Railway Company (Iowa Railway)[1] has filed a verified notice of exemption under 49 C.F.R. § 1150.31 to change operators from Iowa Traction Railroad Company (Iowa Railroad) to Iowa Railway over a 3-mile rail line between milepost 152.5 and milepost 155.5 at Mason City, Iowa (the Line), owned by Backtrack, Inc. (Backtrack).[2] The change in operators for the Line is being accomplished through Iowa Railroad’s assignment of its authority to operate the Line to Iowa Railway, with the consent of Backtrack. Iowa Railway states that the change of operators of the Line does not involve a provision or agreement that may limit future interchange between Iowa Railway and a third-party connecting rail carrier. This change in operators is exempt under 49 C.F.R. §1150.31(a)(3).[3] The transaction may be consummated on
or after October 19, 2012 (30 days after the notice of exemption was filed). Iowa Railway certifies that its projected annual revenues as a result of this transaction will not exceed $5 million and will not result in Iowa Railway’s becoming a Class I or Class II rail 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. Petitions for stay must be filed no later than October 12, 2012 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35677, must be filed with the Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423‑0001. In addition, one copy of each pleading must be served on Thomas F. McFarland, 208 South LaSalle Street, Suite 1890, Chicago, IL 60604. Board decisions
and notices are available on our website at Decided: October 2, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. [1] As of the
September 19, 2012, the filing date of this notice of exemption, Iowa Railway
was a noncarrier.
Iowa Railway was authorized to acquire from Iowa Traction Railroad
Company (Iowa Railroad) and to operate a
10.4-mile line of railroad in Cerro Gordo County, Iowa. Iowa Traction Ry.—Acquis. and Operation
Exemption—Rail Line of Iowa Traction R.R., FD 35670 (STB served Sept. 14,
2012). As of September 30, 2012, the
effective date of the exemption, Iowa Railway states that it became a Class III
rail carrier. In Progressive Rail Incorporated—Continuance
in Control Exemption—Iowa Traction Railway Company, FD 35671 (STB served
Sept. 14, 2012), Progressive Rail Incorporated was authorized to continue
in control of Iowa Railway upon Iowa Railway’s becoming a Class III rail
carrier. This exemption also became
effective on September 30, 2012. [2] Iowa Railroad
was authorized to lease and operate the 3-mile rail line from the owner, Hermitage
Homes, Inc. (Hermitage), in Iowa Traction Railroad Company—Operation
Exemption—Hermitage Homes, Inc., FD 31353, (ICC served Nov. 23,
1988). Backtrack is the corporate
successor of Hermitage. [3] To qualify for
a change of operators exemption, an applicant must
give notice to shippers on the line. See
49 C.F.R. § 1150.32(b). In a letter
filed on September 24, 2012, Iowa Railway certified to the Board that, at
present, there are no shippers on the Line; therefore, no service of this
notice is required on shippers. | |||