[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Notices]
[Page 57729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25099]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34398]


BG & CM Railroad--Acquisition and Operation Exemption--Line of 
Camas Prairie Railnet, Inc.

    BG & CM Railroad (BG & CM), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire from Camas Prairie 
Railnet, Inc. (Camas Prairie) and operate approximately 66.8 miles of 
rail line between Spalding and Grangeville in Lewis, Nez Perce, and 
Idaho Counties, ID.\1\ This line, extending from milepost 0.0 to 
milepost 66.8, was authorized for abandonment in Camas Prairie Railnet, 
Inc.--Abandonment--in Lewis, Nez Perce and Idaho Counties, ID (Between 
Spalding and Grangeville), STB Docket No. AB-564 (STB served Sept. 13, 
2000).\2\ BG & CM was subsequently authorized to negotiate for trail 
use of the line by a decision and certificate of interim trail use 
(CITU) served in the same docket on January 6, 2003. Trail use 
negotiations were successful and BG & CM has acquired all relevant, 
track, ties and other track materials, and sufficient real estate 
interests for railroad operations. BG & CM wishes to reactivate service 
from milepost 0.0 to milepost 52.0, but requests that the remainder of 
the line, from milepost 52.0 to milepost 66.8, remain rail banked 
pursuant to the CITU.\3\
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    \1\ This notice of exemption is the subject of a motion to 
dismiss filed simultaneously by BG & CM based on its position that 
Board authorization is not necessary. Further, the operations 
described in this notice are also the subject of a BG & CM petition 
for exemption from the requirements of 49 U.S.C. Subtitle IV filed 
in BG & CM Railroad, Inc.--Petition for Exemption--in Lewis, Nez 
Perce, and Idaho Counties, ID, STB Finance Docket No. 34399. Both 
will be decided in a subsequent Board decision.
    \2\ Camas Prairie has discontinued service over the line, but 
has not consummated the abandonment thereof.
    \3\ As to the segment between mileposts 52.0 and 66.8 that would 
remain rail banked, BG & CM seeks authorization from the Board to 
acquire Camas Prairie's right to reactivate rail service in the 
future.
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    The exemption became effective on September 23, 2003 (seven days 
after the notice was filed), but BG & CM intends to consummate the 
transaction and begin service only upon issuance of a Board decision 
exempting it from the regulatory requirements of 49 U.S.C., Subtitle 
IV. BG & CM certifies that its projected annual revenues do not exceed 
those that would qualify it as a Class III carrier.
    If the 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. 34398 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 Charles H. Montange, 426 NW 162 
St., Seattle, WA 98177.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 29, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-25099 Filed 10-3-03; 8:45 am]
BILLING CODE 4915-00-P