[Federal Register Volume 69, Number 69 (Friday, April 9, 2004)]
[Notices]
[Page 18999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8082]



[[Page 18999]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34465]


Mendocino Railway--Acquisition Exemption--Assets of the 
California Western Railroad

    Mendocino Railway (Mendocino), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire, through California 
Western Railroad's (CWR) trustee in bankruptcy and with the approval of 
the Bankruptcy Court for the Northern District of California, the rail 
assets of CWR.\1\ The assets consist of all rail lines owned by CWR 
between milepost 0 and milepost 40. Mendocino states that, on February 
11, 2004, the sale of CWR's assets was authorized by order of the 
Bankruptcy Court and that CWR's trustee was authorized to sell the 
railroad assets of CWR to SRC.
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    \1\ Mendocino is a California corporation formed for the purpose 
of acquiring and operating CWR. It is a wholly owned subsidiary of 
Sierra Railroad Company (SRC).
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    Mendocino intends initially to operate CWR with the help of 
Mendocino's affiliated entities: Sierra Northern Railway (a Class III 
rail carrier), Midland Railroad Enterprises Corporation (a railroad 
construction and track maintenance company), and Sierra Entertainment 
(a tourism, entertainment, and passenger operations company). Mendocino 
states that it is negotiating an agreement with Hawthorne Timber 
Company, LLC (Hawthorne) for the transfer to Mendocino of Hawthorne's 
fee interest in the real property underlying CWR's tracks. Mendocino 
anticipates completing the acquisition by mid March 2004 and to begin 
operations on or about May 1, 2004.
    Mendocino certifies that its projected revenues as a result of this 
transaction do not exceed $5 million per year and do not exceed those 
that would qualify it as a Class III rail carrier.
    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. 34465, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Torgny Nilsson, General 
Counsel, 341 Industrial Way, Woodland, CA 95776.
    Board decisions and notices are available on the Board's Web site 
at www.stb.dot.gov.

    Decided: April 2, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-8082 Filed 4-8-04; 8:45 am]
BILLING CODE 4915-01-P