[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Notices]
[Pages 41812-41813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14052]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34719]


Cornhusker Railways LLC--Acquisition and Operation Exemption--
Rail Line of DTE Rail Services, Inc.

    Cornhusker Railways LLC (CHR), a noncarrier,\1\ has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire by 
purchase from DTE Rail Services, Inc. (DTERS) and operate approximately 
5.0 miles of rail line, as well as certain related yard, industry, side 
and spur tracks, between an interchange with BNSF Rail Company (BNSF) 
at milepost 103.55 near Ovina, and an interchange with Union Pacific 
Railroad Company (UP) at milepost 154.5 near Alda, in Hall County, 
NE.\2\
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    \1\ CHR is controlled by noncarrier DTE Coal Services, which 
does not control any other carriers.
    \2\ DTERS purchased the line along with certain other adjacent 
rail facilities and associated structures from the U.S. Government 
in 2004 for use in the construction and operation of a railcar 
repair facility. The line connects with BNSF and UP, and DTERS has 
used the line as a private spur for the transfer of railcars between 
its shops and the two railroads. Under the proposed transaction, CHR 
will purchase both the track and the underlying right-of-way and 
will grant a non-exclusive, immediately terminable lease of the line 
back to DTERS for DTERS' non-common carrier use. CHR will retain the 
responsibility and the ability to provide common carrier service by 
means of reserved joint use rights.
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    CHR certifies that its projected revenues as a result of the 
transaction will not exceed those that would qualify it as a Class III 
rail carrier and will not exceed $5 million.
    Consummation was scheduled to take place shortly after the 
effective date of the exemption (the exemption became effective June 
27, 2005, 7 days after filing).
    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.

[[Page 41813]]

    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34719, 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 C. Michael Loftus, 1224 
Seventeenth Street, NW., Washington, DC 20036.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: July 5, 2005.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-14052 Filed 7-19-05; 8:45 am]
BILLING CODE 4915-01-P