Hilco SP Rail, LLC (Hilco), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from RG Steel Railroad Holding, LLC, and operate as a common carrier over an approximately 12-mile line of railroad in Sparrows Point, Baltimore County, Md. (the Line). Hilco states that the operator of the Line will be MCM Rail Services LLC (MCM),
and that MCM will interchange traffic with CSX Transportation, Inc. (CSXT), and Norfolk Southern Railway Company (NSR). Hilco also states that there are no mileposts on the Line. According to Hilco, the sale of railroad assets was pursuant to an Asset Purchase Agreement (APA) dated August 7, 2012, which was authorized and approved by United States Bankruptcy Judge Kevin J. Carey on August 21, 2012, and which closed on September 14, 2012.
Hilco also states there are no interchange commitments in the agreement between MCM and Hilco, and that there will be no interchange agreements in the interchange agreement between Hilco and MCM and CSXT or between Hilco and MCM and NSR.
Hilco states that it expects to consummate the proposed transaction on or after May 12, 2013. The earliest this transaction may be consummated is May 12, 2013, the effective date of the exemption (30 days after the exemption was filed).
Hilco 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 for stay must be filed no later than May 3, 2013 (at least seven days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No. FD 35734, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In Start Printed Page 24804addition, 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: April 22, 2013.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
[FR Doc. 2013-09882 Filed 4-25-13; 8:45 am]
BILLING CODE 4915-01-P