[Federal Register Volume 69, Number 134 (Wednesday, July 14, 2004)]
[Notices]
[Page 42241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15718]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34503]


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 acquire by 
lease and to operate approximately 117.82 miles of rail line owned by 
The Burlington Northern and Santa Fe Railway Company (BNSF): (1) 
Between milepost 4.5 near Beaumont, TX, and milepost 21.8 near Silsbee, 
TX; (2) between milepost 52.5 near Dobbin, TX, and milepost 152.56 at 
Silsbee, TX, and (3) between milepost 0.5 and milepost 0.96 near 
Kirbyville, TX.\1\ TRRR will also acquire incidental overhead trackage 
rights over 54.72 miles of BNSF's rail line: (1) Between milepost 4.5 
near Beaumont, TX, and milepost 2.28 at Beaumont, TX; and (2) between 
milepost 52.5 near Dobbin, TX, and milepost 144.0 on the BNSF Galveston 
Subdivision at Somerville, TX, for the purpose of interchanging traffic 
with BNSF.
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    \1\ BNSF will retain the right to operate certain overhead 
trains over the lines being leased by TRRR.
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    TRRR certifies that its projected revenues as a result of this 
transaction will not result in the creation of a Class II or a Class I 
rail carrier. But, because TRRR's projected annual revenues will exceed 
$5 million, TRRR has certified to the Board on May 4, 2004, that it 
sent the required notice of the transaction on May 3, 2004, to the 
national offices of all labor unions representing employees on the 
affected lines and posted a copy of the notice at the workplace of the 
employees on the affected lines on May 2, 2004. See 49 CFR 1150.42(e).
    The transaction was scheduled to be consummated on or after July 3, 
2004 (which is 60 days or more after TRRR's certification to the Board 
that it had complied with the Board's rule at 49 CFR 1150.42(e)).
    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. 34503, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. Also, 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 http://www.stb.dot.gov.

    Decided: July 2, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-15718 Filed 7-13-04; 8:45 am]
BILLING CODE 4915-01-P