[Federal Register Volume 70, Number 229 (Wednesday, November 30, 2005)]
[Notices]
[Page 71888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6678]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34777]


Blackwell Northern Gateway Railroad Company--Change in Operators 
Exemption--Oklahoma Department of Transportation and Blackwell 
Industrial Authority

    Blackwell Northern Gateway Railroad Company (BNGR), a noncarrier, 
has filed a verified notice of exemption under 49 CFR 1150.31 to 
operate 35.26 miles of the rail line, owned by the State of Oklahoma by 
and through the Oklahoma Department of Transportation and Blackwell 
Industrial Authority. The rail line extends: (1) Between milepost 34.3 
at Blackwell, OK, and milepost 18 + 1712.9 feet at the Oklahoma/Kansas 
State line near Hun Newell, KS; (2) between milepost 35 + 1848 feet, 
west of Blackwell, OK, and milepost 34.3 at Blackwell, OK; and (3) 
between milepost 18 + 1712.9 feet at the Oklahoma/Kansas State line 
near Hun Newell, KS, and milepost 0 + 466.3 feet, at Wellington, KS. 
BNGR will replace Blackwell & Northern Railway Company, which has been 
operating over the line, and will become a class III rail carrier.\1\ 
BNGR certifies that its projected revenues as a result of this 
transaction will not exceed those that would quality it as a Class III 
carrier and that such revenues would not exceed $5 million.
---------------------------------------------------------------------------

    \1\ See Blackwell & Northern Railway Company, Inc.--Operation 
Exemption--Oklahoma Department of Transportation and Blackwell 
Industrial Authority, STB Finance Docket No. 34265 (STB served Nov. 
4, 2002).
---------------------------------------------------------------------------

    The transaction was scheduled to be consummated no earlier than 
November 7, 2005, the effective date of the exemption (7 days after the 
exemption was filed).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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. 34777, 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, Thomas F. McFarland, Thomas F. 
McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 
60604-1112.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 22, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E5-6678 Filed 11-29-05; 8:45 am]
BILLING CODE 4915-01-P