[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Notices]
[Page 75293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21174]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34958]


Nevada Pacific Railroad Corporation--Lease and Operation 
Exemption--Rail Lines of Pan Western Corporation

    Nevada Pacific Railroad Corporation (NPRC),\1\ a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to lease from 
Pan Western Corporation (Pan Western) and operate approximately 2.66 
miles of private rail line owned by Pan Western, extending between 
milepost 0.0, and milepost 2.66, in Clark County, NV.\2\ Pan Western 
intends to lease the railroad line to NPRC so that NPRC may initiate 
and provide common carrier rail operations on and over the line.
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    \1\ The verified notice of exemption was originally filed under 
the name UP Nevada Railroad LLC. However, the Union Pacific Railroad 
Company objected to this name as a violation of its trademarks. 
Accordingly, by letters filed November 20, and November 22, 2006, 
counsel addressed issues relating to the identity and name of the 
Applicant in this proceeding and in the latter letter, requested 
that Nevada Pacific Railroad Corporation be substituted as the 
Applicant.
    \2\ This line was the subject of a notice of exemption that, 
according to the current verified notice, was never consummated. See 
Tonopah & Tidewater Railroad Co.--Lease and Operation Exemption--Pan 
Western Corporation, STB Finance Docket No. 34547 (STB served Sept. 
30, 2004).
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    NPRC certifies that its projected revenues as a result of the 
transaction will not exceed those that would qualify it as a Class III 
carrier or $5 million annually. The transaction was scheduled to be 
consummated on or about November 21, 2006, 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 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. 34958, 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 Jeffrey O. Moreno, Thompson 
Hine LLP, 1920 N Street, NW., Suite 800, Washington, DC 20036.
    Board decisions and notices are available on our website at 
WWW.STB.DOT.GOV.

    Dated: December 7, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-21174 Filed 12-13-06; 8:45 am]
BILLING CODE 4915-01-P