[Federal Register Volume 69, Number 225 (Tuesday, November 23, 2004)]
[Notices]
[Page 68213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25931]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34512]


Nebraska, Kansas & Colorado Railnet, Inc.--Acquisition and 
Operation Exemption--The Burlington Northern and Santa Fe Railway 
Company

    Nebraska, Kansas & Colorado Railnet, Inc. (Nebraska), a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 et seq. to acquire and operate two lines of railroad from The 
Burlington Northern and Santa Fe Railway Company (BNSF). The subject 
lines total 88.6 miles in length and are located in Harlan, Franklin, 
Hitchcock, Hayes, and Chase Counties, NE.
    Specifically, Nebraska will: (1) Lease and operate BNSF's Imperial 
Subdivision between milepost 0.89 near Culbertson, NE., and milepost 
49.1 near Imperial, NE.; and (2) purchase and operate a portion of 
BNSF's Wymore Subdivision located between milepost 216.95 near 
Franklin, NE., and milepost 257.36 near Oxford Jct., NE., In addition, 
BNSF will grant Nebraska incidental trackage rights for the purpose of 
interchange with BNSF over BNSF's line between milepost 236.0 near 
Oxford, NE, and milepost 257.36 near Oxford Jct.; between milepost 
257.36 near Oxford Jct., and milepost 288.0 near McCook, NE; and 
between milepost 0.89 near Culbertson, and milepost 286.0 near McCook.
    Nebraska certifies that its projected revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier so as to require processing under 49 CFR 1150.45. Nebraska 
also states that on or about July 29, 2004, it posted and served notice 
to employees of the proposed transaction as required under 49 CFR 
1150.42(e) and certified to the Board that it had done so on the same 
date. The transaction was scheduled to be consummated on or after 
November 12, 2004.
    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. 34512, 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 John D. Heffner, 1920 N Street, 
NW., Suite 800, Washington, DC 20036.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 15, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-25931 Filed 11-22-04; 8:45 am]
BILLING CODE 4915-01-P