[Federal Register Volume 70, Number 40 (Wednesday, March 2, 2005)]
[Notices]
[Page 10165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3985]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34638]


San Diego & Imperial Valley Railroad Company, Inc.--Lease and 
Operation Exemption--BNSF Railway Company \1\
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    \1\ Effective January 20, 2005, the name of ``The Burlington 
Northern and Santa Fe Railway Company'' was changed to ``BNSF 
Railway Company.''
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    San Diego & Imperial Valley Railroad Company, Inc. (SDIV), a Class 
III rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to lease and operate, pursuant to an agreement with BNSF 
Railway Company (BNSF), approximately 1.35 miles of BNSF's permanent 
and exclusive reserved rail freight service easement located between 
milepost 19.85, west of Escondido, and at or near milepost 21.2, at the 
eastern end of the rail corridor in Escondido, in San Diego County, CA.
    SDIV certifies that its projected annual revenues as a result of 
this transaction will not result in SDIV's becoming a Class II rail 
carrier, and further certifies that its projected annual revenues will 
not exceed $5 million.
    The transaction is expected to be consummated on March 1, 2005.
    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. 34638, 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 Gary A. Laakso, Esq., Vice 
President Regulatory Counsel, San Diego & Imperial Valley Railroad 
Company, Inc., 5300 Broken Sound Blvd., NW., Boca Raton, FL 33487, and 
Louis E. Gitomer, Esq., Of Counsel, 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: February 22, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-3985 Filed 3-1-05; 8:45 am]
BILLING CODE 4915-01-P