[Federal Register Volume 66, Number 20 (Tuesday, January 30, 2001)]
[Notices]
[Page 8255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2485]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33992]


Iowa Railroad Historical Society d/b/a Boone & Scenic Railroad--
Acquisition and Operation Exemption--Union Pacific Railroad Company

    Iowa Railroad Historical Society (IRHS) \1\ d/b/a Boone & Scenic 
Railroad (BSVY), a noncarrier, has filed a verified notice of exemption 
under 49 CFR 1150.31\2\ to acquire the right-of-way and operating 
assets of the Union Pacific Railroad Company (UP) from milepost 42.57 
to milepost 44.23, in Boone County, Iowa, a distance of approximately 
1.66 route miles.\3\
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    \1\ IRHS is an operating, nonprofit railroad museum. It 
currently operates over 11 miles of track carrying approximately 
45,000 passengers per year.
    \2\ The notice appears to invoke the class exemption from 49 
U.S.C. 10901 at 49 CFR 1150.31. While the notice cites 49 U.S.C. 
10902 rather than 49 U.S.C. 10901, all references in the notice 
suggest that the transaction is proposed for exemption from the 
requirements of 49 U.S.C. 10901.
    \3\ The acquisition will take place by donation contract and a 
donative quitclaim deed. The right-of-way being acquired by IRHS is 
the only remaining right-of-way from the old Fort Dodge, Des Moines 
and Southern Railway (FDDMS). Consummation of this transaction will 
enable IRHS to complete the acquisition of the remaining FDDMS line.
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    According to the verified notice of exemption, BSVY will operate 
the rail line as a ``handling carrier,'' with UP performing all revenue 
accounting of its line hauls and paying BSVY a division from the 
revenues collected. The transaction is scheduled to be consummated on 
or after January 31, 2001.\4\
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    \4\ As part of this transaction, BSVY indicates that it is also 
requesting to assume the common carrier obligation on the track it 
now owns between milepost 41.0 and 42.57.
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    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. 33992, 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 Fenner Stevenson, P.O. Box 603, Boone, IA 50036.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: January 22, 2001.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-2485 Filed 1-29-01; 8:45 am]
BILLING CODE 4915-00-P