[Federal Register Volume 61, Number 248 (Tuesday, December 24, 1996)]
[Notices]
[Pages 67870-67871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32657]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33314]


Nebraska, Kansas & Colorado Railnet, Inc.--Acquisition and 
Operation Exemption--Lines of the Burlington Northern Railroad Company

    Nebraska, Kansas & Colorado Railnet, Inc. (NKCR), a noncarrier 
newly-created to become a Class III railroad, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire and operate five 
rail lines which are currently owned and operated by the Burlington 
Northern Railroad Company (BN) as follows: (1) between Flynn, NE 
(milepost 3.3), and Almena Junction, KS (milepost 29.6), a distance of 
approximately 26.3 miles; (2) between Oronoque Junction, KS (milepost 
47.3), and Oberlin, KS (milepost 78.0), a distance of approximately 
30.7 miles; (3) between west of Orleans Junction,

[[Page 67871]]

NE (milepost 0.2), and St. Francis, KS (milepost 133.9); a distance of 
approximately 133.7 miles; (4) between Holdrege, NE (milepost 0.8), and 
east of Sterling, CO (milepost 225.9),1 a distance of 
approximately 225.1 miles; and (5) Norton, KS area trackage between 
milepost 315.1 and milepost 319.2, a distance of approximately 4.1 
miles.
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    \1\ BN will retain overhead trackage rights to provide rail 
freight service between milepost 225.9, east of Sterling, CO, and a 
connection with the current or any future industry track at or near 
Wallace, NE, at or about milepost 114.0, for the sole purpose of 
serving the Gentleman Power Plant, or any successor.
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    In addition, to the above-described line acquisitions, NKCR will 
also acquire, by assignment from BN, certain overhead trackage rights 
currently exercised by BN between Almena Junction, KS (milepost 29.6), 
and Oronoque Junction, KS (milepost 47.3), a distance of approximately 
17.7 miles. The overhead trackage rights run over a line of railroad 
owned by the Kyle Railroad and currently dispatched by BN. The trackage 
rights effectively link the lines to be acquired by NKCR between Flynn, 
NE, and Almena Junction, KS, and between Oronoque Junction, KS, and 
Oberlin, KS. The trackage rights will also enable NKCR to access and 
serve customers located on the Norton, KS area trackage.
    The subject trackage, including the overhead trackage rights, is 
approximately 437.6 route miles in length.2
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    \2\ NKCR will serve as the operator of the lines, except that BN 
shall have the right to operate over the retained BN overhead 
trackage rights.
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    The transaction was expected to be consummated on or about December 
16, 1996.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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 
transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33314, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423. In addition, a copy of each 
pleading must be served on Robert A. Wimbish, Esq., Rea, Cross & 
Auchincloss, Suite 420, 1920 N Street, N.W., Washington, DC 20036.

    Decided: December 17, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-32657 Filed 12-23-96; 8:45 am]
BILLING CODE 4915-00-P