[Federal Register Volume 67, Number 178 (Friday, September 13, 2002)]
[Notices]
[Page 58100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23094]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34244]


Dakota Missouri Valley & Western Railroad, Inc.--Lease and 
Operation Exemption--Between DMVW RR and Marshal County Regional 
Railroad Authority

    Dakota Missouri Valley & Western Railroad, Inc. (DMVW), a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 et seq. to lease from Marshall County Regional Railroad 
Authority (MCRRA), and operate 71.91 miles of rail line between 
milepost 115.08 in Brown County, SD, and milepost 43.17 at Geneseo 
Jct., ND.\1\
---------------------------------------------------------------------------

    \1\ In its original filing, DMVW indicated that the exemption 
was filed under 49 CFR 1150.31, and that the mileage was 71.90. By 
fascimile received on August 30, 2002, DMVW corrected the citation 
to the rules and the mileage.
---------------------------------------------------------------------------

    DMVW certifies that its projected annual revenues as a result of 
this transaction will not exceed the Class III rail carrier threshold.
    DMVW indicates that it consummated the transaction on August 13, 
2002.\2\
---------------------------------------------------------------------------

    \2\ Under 49 CFR 1150.42(b), the exemption became effective on 
August 23, 2002 (7 days after the exemption was filed). DMVW's 
reference to an August 13, 2002 consummation date possibly reflects 
execution of a lease agreement between DMVW and MCRRA on that date. 
According to the verified notice, DMVW intended to begin operating 
over the line on August 26, 2002.
---------------------------------------------------------------------------

    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. 34244, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Dennis Ming, 1131 S. 22nd St., 
Bismarck, ND 58504.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: September 5, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-23094 Filed 9-12-02; 8:45 am]
BILLING CODE 4915-00-P