[Federal Register Volume 67, Number 8 (Friday, January 11, 2002)]
[Notices]
[Page 1535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-534]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34139]


Butler County, Kansas--Acquisition Exemption--The Burlington 
Northern and Santa Fe Railway Company

    Butler County, Kansas (County), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire (by donation) 
approximately 10.6 miles of rail line from The Burlington Northern and 
Santa Fe Railway Company (BNSF).\1\ The line is located between 
milepost 483.62, at Augusta, KS, and milepost 494.22 near Andover, KS. 
The County certifies that its projected annual revenues as a result of 
this transaction will not result in its becoming a Class II or Class I 
rail carrier. The County further certifies that its annual freight 
revenues as a result of this transaction will not exceed $5 million.
---------------------------------------------------------------------------

    \1\ The County states that the line is currently out of service 
and will be rehabilitated after the acquisition is consummated. The 
County further states that it is its intent to have the above line 
operated by a yet-to-be determined third party rail operator. 
Anticipated rail operations by a third party over BNSF's trackage 
are subject to the Board's approval or exemption.
---------------------------------------------------------------------------

    The transaction was expected to be consummated on or shortly after 
December 19, 2001, the effective date of the exemption.
    If this 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 does not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34139, 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 Karl Morell, Ball Janik LLP, Suite 225, 1455 F Street, NW., 
Washington, DC 20005.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: January 3, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-534 Filed 1-10-02; 8:45 am]
BILLING CODE 4915-00-P