[Federal Register Volume 72, Number 76 (Friday, April 20, 2007)]
[Notices]
[Pages 20009-20010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7590]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35016]


Rock River Railroad, Inc.--Acquisition and Operation Exemption--
Rail Lines of Renew Energy, LLC

    Rock River Railroad, Inc. (RRR), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire from Renew Energy, 
LLC (RE), and to operate approximately 2,100 feet of rail line, located 
within the plant site of RE, in Jefferson, Jefferson County, WI (the 
line).\1\
---------------------------------------------------------------------------

    \1\ According to RRR, the line does not have mileposts.
---------------------------------------------------------------------------

    This transaction is related to the concurrently filed notice of 
exemption in STB Finance Docket No. 35017, Mark K. Smith--Continuance 
in Control Exemption--Rock River Railroad, Inc., wherein Mark K. Smith 
seeks to continue in control of RRR upon its becoming a Class III rail 
carrier.
    RRR states that the line connects with Union Pacific Railroad 
Company at both of its termini. RRR further states that, although the 
line has been owned and operated by RE as private track and might 
otherwise be considered to be spur, industrial, or switching track 
exempt from the Board's acquisition and operation authority under 49 
U.S.C. 10906, it constitutes a line of railroad for which an exemption 
from the Board is required because it is RRR's initial rail acquisition 
and operation.\2\
---------------------------------------------------------------------------

    \2\ See Effingham RR Co.--Pet. For Declaratory Order, 2 S.T.B. 
606 (1997), aff'd sub nom., United Transp. Union v. Surface Transp. 
Bd., 183 F.3d 606 (7 Cir. 1999); see also Bulkmatic Railroad 
Corporation--Acquisition & Operation Exemption--Bulkmatic Transport 
Company, STB Finance Docket No. 34145 (STB served Nov. 19, 2002).
---------------------------------------------------------------------------

    RRR certifies that its projected annual 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.
    The earliest this transaction may be consummated is the May 6, 2007 
effective date of the exemption (30 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

[[Page 20010]]

a petition to revoke will not automatically stay the effectiveness of 
the transaction. Petitions for stay must be filed no later than April 
27, 2007 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35016, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Thomas F. McFarland, 208 South 
LaSalle St., Suite 1890, Chicago, IL 60604-1112.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 13, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-7590 Filed 4-19-07; 8:45 am]
BILLING CODE 4915-01-P