[Federal Register Volume 65, Number 36 (Wednesday, February 23, 2000)]
[Notices]
[Pages 9053-9054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4101]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33849]


Colorado Central Railroad Company, Operation Exemption, Yreka 
Western Railroad Company

    Colorado Central Railroad Company (Colorado), a noncarrier, newly 
created to become a Class III railroad, has filed a verified notice of 
exemption under 49 CFR 1150.31 to operate approximately 8.9 miles of 
rail line currently owned by Yreka Western Railroad Company (Yreka), 
between milepost 0.0 in Montague and milepost 8.9 near Yreka, in 
Siskiyou County, CA.\1\
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    \1\ Colorado states that the Surface Transportation Board 
(Board) had previously authorized abandonment by Yreka of its entire 
8.9 miles of rail line. See Yreka Western Railroad Company--
Abandonment Exemption--in Siskiyou County, CA, STB Finance Docket 
No. AB-246 (Sub-No. 2X) (STB served May 4, 1999). Colorado further 
states that, as of the January 24, 2000 filing of the verified 
notice of exemption, the abandonment had not been consummated.
    Colorado certifies that its annual revenues will not exceed 
those that would qualify it as a Class III rail carrier and that its 
revenues are not projected to exceed $5 million.
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    Colorado indicates that it has executed an agreement with Yreka to 
provide common carrier freight service as well as excursion passenger 
service.\2\
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    \2\ Colorado asserts that intrastate excursion rail passenger 
service is not subject to the Board's regulatory jurisdiction, 
citing Napa Valley Wine Train, Inc.-Pet. for Declaratory Order, 7 
I.C.C.2d 954, 960-65 (1991) and cases discussed therein and Magner-
O'Hara Scenic Ry. v. I.C.C., 692 F.2d 441 (6th Cir. 1982).
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    The transaction was scheduled to be consummated on or after January 
31, 2000.
    If the 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33849, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-

[[Page 9054]]

0001. In addition, one copy of each pleading must be served on John D. 
Heffner, Rea, Cross & Auchincloss, 1707 L Street, N.W., Suite 570, 
Washington, DC 20036.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: February 14, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-4101 Filed 2-22-00; 8:45 am]
BILLING CODE 4915-00-P