[Federal Register Volume 65, Number 225 (Tuesday, November 21, 2000)]
[Notices]
[Pages 69991-69992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29609]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33956]


Kern Valley Railroad Company--Acquisition and Operation 
Exemption--Trinidad Railway, Inc.

    Kern Valley Railroad Company (KVR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire the 
railroad lines and other assets (line) of Trinidad Railway, Inc. (TRI) 
and has agreed to assume TRI's common carrier railroad obligations 
pending the line's abandonment.\1\ The line extends from milepost 2.0, 
at Jensen, to the end of the line at milepost 30.0, at the former New 
Elk Mine, east of Stonewall, in Las Animas County, CO, a distance of 
approximately 30.0 miles.\2\
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    \1\ The line is the subject of a notice of exemption for 
abandonment in Trinidad Railway, Inc.--Abandonment Exemption--in Las 
Animas County, CO, STB Docket No. AB-573X (STB served Sept. 21, 
2000). By decision served October 20, 2000, the Board postponed the 
effective date of that exemption until November 30, 2000, pending 
completion of the offer of financial assistance (OFA) process or, if 
the OFA process terminated, a period to provide for interim trail 
use negotiations.
    \2\ TRI has retained a real estate interest in the right-of-way 
between milepost 15.11, in Segundo, and the end of the line subject 
to a permanent and irrevocable easement to KVR to fulfill its common 
carrier obligation, pending abandonment of the line, including 
access to the line for work on the tracks, ties and other track 
materials.
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    The transaction is scheduled to be consummated on or after November 
13, 2000.
    This transaction is related to STB Finance Docket No. 33957, Kern 
W. Schumacher and Morris H. Kulmer--Continuance in Control Exemption--
Kern Valley Railroad Company, wherein Kern W. Schumacher and Morris H. 
Kulmer have concurrently filed a verified notice to continue in control 
of KVR upon its becoming a Class III rail carrier.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding to 
revoke the exemption

[[Page 69992]]

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. 33956, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Fritz R. Kahn, Esq., 1920 N Street, NW., 8th Floor, 
Washington, DC 20036-1601.
    Board decisions and notices are available on our website at 
WWW.STB.DOT.GOV.

    Decided: November 13, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-29609 Filed 11-20-00; 8:45 am]
BILLING CODE 4915-00-P