|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|MIDWESTERN RAILWAY SERVICES, CORPORATION--OPERATION EXEMPTION--PERRY COUNTY PORT AUTHORITY|
|Director Of Proceedings|
|DECISION GRANTED MIDWESTERN RAILWAY SERVICES, CORPORATION'S AND TNW CORPORATION'S REQUEST FOR WITHDRAWAL OF THEIR NOTICES OF EXEMPTION FILED IN THESE PROCEEDINGS.|
|FD_36294_0 - Tnw Corporation--Continuance In Control--Midwestern Railway Services, Corporation|
| 22 KB|
|Approximate download time at 28.8 kb: 22 Seconds|
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|Full Text of Decision|
47092 SERVICE DATE – JULY 9, 2019
SURFACE TRANSPORTATION BOARD
Docket No. FD 36293
MIDWESTERN RAILWAY SERVICES, CORPORATION—OPERATION EXEMPTION—PERRY COUNTY PORT AUTHORITY
Docket No. FD 36294
TNW CORPORATION—CONTINUANCE IN CONTROL EXEMPTION—MIDWESTERN RAILWAY SERVICES, CORPORATION
Decided: July 8, 2019
On May 3, 2019, in Docket No. FD 36293, Midwestern Railway Services, Corporation (MRS) filed a verified notice of exemption under 49 C.F.R. § 1150.31 to operate approximately 20.6 miles of rail line between milepost 1.8 at Tell City, Ind., and milepost 22.4 at Lincoln City, Ind., pursuant to an agreement with Perry County Port Authority. Also on May 3, 2019, in Docket No. FD 36294, TNW Corporation (TNW), a noncarrier, filed a verified notice of exemption pursuant to 49 C.F.R. § 1180.2(d)(2) to continue in control of MRS upon MRS’s becoming a Class III rail carrier. The notices were served and published in the Federal Register on May 17, 2019 (84 Fed. Reg. 22550-51), and the exemptions became effective on June 2, 2019.
On June 18, 2019, MRS and TNW filed a request to withdraw their respective verified notices. The filing states that MRS has terminated negotiation of the agreements necessary for MRS to consummate operations on the rail line at issue and no longer intends to undertake the proposed transaction.
MRS’s and TNW’s request for withdrawal is reasonable and will be granted. Although the exemptions became effective on June 2, 2019, the authority conferred is permissive, and the request to withdraw indicates that the transactions have not been, and will not be, consummated. Accordingly, MRS’s and TNW’s verified notices will be withdrawn, and the proceedings will be dismissed.
It is ordered:
1. MRS’s and TNW’s request for withdrawal of their verified notices is granted and the proceedings are dismissed without prejudice.
2. This decision is effective on its date of service.
By the Board, Allison C. Davis, Director, Office of Proceedings.
 These proceedings are not consolidated. A single decision is being issued for administrative purposes.