[Federal Register Volume 67, Number 98 (Tuesday, May 21, 2002)]
[Notices]
[Pages 35843-35844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12699]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34195]


Bighorn Divide & Wyoming Railroad Inc.-Acquisition and 
Operation Exemption-Rail Lines of Bad Water Line, Inc. and Lost 
Cabin Gas Plant Line in Riverton, WY, and of The Burlington Northern 
and Santa Fe Railway Company Between Lysite, WY and Shobon, WY

    Bighorn Divide & Wyoming Railroad Inc. (BDW), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to acquire 
and operate rail lines of: (a) Bad Water Line Inc. (BDL) extending from 
milepost 0.0 at Shobon (switch on The Burlington Northern and Santa Fe 
Railway Company (BNSF) at BNSF milepost 303.9) to milepost 4.1 at the 
town of Shoshoni, WY, and of Lost Cabin Gas Plant Line extending from 
milepost 0.0 at Lysite (at BNSF milepost 282.7) to milepost 3.89 at 
Lost Cabin, WY, a total distance of 7.99 miles; and (b) BDL's trackage 
rights agreement with BNSF between milepost 282.5 at Lysite and 
milepost 306.0 near Shobon, WY, a distance of 23.5 miles.\1\ BDW states 
that its projected annual revenues do not exceed those that would 
qualify it as a Class III carrier.
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    \1\ Because BDW is acquiring BDL's rights in a trackage 
rights agreement that had already existed with BNSF, and not 
acquiring or entering into a new trackage rights agreement, this 
proceeding is an acquisition and operation exemption. The owners of 
BDL have agreed to reorganize the Subchapter S Corporation, BDL, as 
a Subchapter S Corporation named BDW. Real property of BDL is being 
transferred to a Limited Liability Company (LLC), named BDW, LLC. 
Applicant states that these changes are for both tax and public 
relations purposes and include all assets owned by the former Bad 
Water Railway, LLC.
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    The transaction was scheduled to be consummated on May 1, 2002.
    If the verified 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. 34195, must be filed with the Surface Transportation 
Board, Case

[[Page 35844]]

Control Unit, 1925 K Street, N.W., Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on Clifford Root, 642 
South Federal Blvd., Riverton, WY 82501.
    Board decisions and notices are available on our website at 
"WWW.STB.DOT.GOV."

    Decided: May 15, 2002.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-12699 Filed 5-20-02; 8:45 am]
BILLING CODE 4915-00-P