[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Notices]
[Pages 25156-25157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9323]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34693]


Kaw River Railroad, Inc.--Lease and Operation Exemption--BNSF 
Railway Company

    Kaw River Railroad, Inc. (KRR), a Class III rail carrier, has filed 
a verified notice of exemption under 49 CFR 1150.41 to lease and 
operate approximately 15.69 miles of rail lines owned by BNSF Railway 
Company (BNSF) located: (1) Between milepost 215.55 near Birmingham, 
MO, and milepost 199.86 at Kearney, MO; and (2) in BNSF's Birmingham 
Yard, including Track Numbers 1501, 1502, 1503, 1504, 1547, 1555, 1550, 
9956, 1560, and 9955 and the ladder track located between Track Numbers 
1504 and 1599. In conjunction with the lease of these lines, KRR will 
acquire incidental overhead trackage rights: (1) Over the portion of 
Track Number 1599 in BNSF's Birmingham Yard located between milepost 
216.76 and milepost 216.18 on BNSF's Kearney Subdivision; and (2) 
between milepost 216.18 and milepost 215.55 near Birmingham.
    KRR certifies that its projected revenues as a result of this 
transaction will not result in the creation of a Class

[[Page 25157]]

II or Class I rail carrier, and that its annual revenues will not 
exceed $5 million.
    The transaction was expected to be consummated on or shortly after 
April 21, 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. 34693, 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 Kark Morell, 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: May 4, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-9323 Filed 5-11-05; 8:45 am]
BILLING CODE 4915-01-P