[Federal Register Volume 69, Number 42 (Wednesday, March 3, 2004)]
[Notices]
[Page 10098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4591]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34443]


Timber Rock Railroad, Inc.--Lease Exemption--The Burlington 
Northern and Santa Fe Railway Company

    Timber Rock Railroad, Inc. (TRRR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to lease from 
The Burlington Northern and Santa Fe Railway Company (BNSF) 29.2 miles 
of rail line located between milepost 51.0 near Kirbyville, TX, and 
milepost 21.8, near Silsbee, TX. TRRR will also acquire 0.8 miles of 
incidental overhead trackage rights over BNSF's rail line between 
milepost 21.8 and milepost 21.0 near Silsbee, for the purpose of 
interchanging traffic with BNSF. TRRR will be the operator of the 
property.\1\
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    \1\ BNSF will retain the right to operate certain overhead 
trains over the line being leased to TRRR.
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    TRRR certifies that its projected revenues as a result of this 
transaction will not result in its becoming a Class II or Class I rail 
carrier, and further certifies that its projected annual revenues will 
not exceed $5 million.
    The transaction was scheduled to be consummated on or shortly after 
February 16, 2004.
    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 does not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34443, 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 Karl Morell, Ball Janik LLP, 
Suite 225, 1455 F Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov''.

    Decided: February 25, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-4591 Filed 3-2-04; 8:45 am]
BILLING CODE 4915-01-P