[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Notices]
[Page 30431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10324]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35025]


Napa-Platte Regional Railroad Authority--Lease and Operation 
Exemption--Dakota Short Line Corp.

    Napa-Platte Regional Railroad Authority (NPRRA), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to lease and 
to operate a line of railroad from the State of South Dakota extending 
from milepost 0.0, near Napa, SD, to milepost 13.4+/-, near Tabor, SD, 
in Bon Homme and Yankton Counties, SD (Napa-Tabor line). NPRRA would 
provide common carrier rail operations over the Napa-Tabor line through 
a third-party operator or would sub-lease the line to a third-party 
rail carrier. NPRRA states that, as a result of this transaction, and 
based on the projected revenues for the line, it expects to become and 
remain a Class III rail carrier.
    This transaction is related to the concurrently filed notice for a 
modified certificate of public convenience and necessity in STB Finance 
Docket No. 35026, Napa-Platte Regional Railroad Authority--Modified 
Rail Certificate--Between Tabor and Ravinia, SD, wherein NPPRA seeks to 
extend the term of its operational authority over a connecting line 
segment between Tabor and Ravinia, SD (Tabor-Ravinia line) until the 
sale of both the Napa-Tabor line and the Tabor-Ravinia line to Wagner 
Native Energy, LLC (Wagner) has been completed.\1\
---------------------------------------------------------------------------

    \1\ The Napa-Tabor line is a segment of a larger line leased by 
NPRRA from the State of South Dakota. The entire line extends from 
milepost 0.0 in Napa County, SD, to milepost 83.3 in Platte, SD, and 
consists of three segments (the Napa-Tabor line, the Tabor-Ravinia 
line, from milepost 13.4+/-to milepost 54.4, and the Ravinia-Platte 
line, from milepost 54.4 to milepost 83.3). According to NPRRA, 
Wagner and the State of South Dakota are negotiating for the sale to 
Wagner of the Napa-Tabor line and the Tabor-Ravinia line. Upon 
consummation of that sale transaction, Wagner would, according to 
NPRRA, operate over the segments as a common carrier through the use 
of a third-party rail carrier.
---------------------------------------------------------------------------

    NPRRA certifies that the projected annual revenue as a result of 
this transaction will not exceed $5 million. The earliest this 
transaction can be consummated is June 14, 2007, the effective date of 
the exemption (30 days after the exemption was filed).
    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 does not automatically stay the transaction. Petitions for stay 
must be filed no later than June 7, 2007 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35025, 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 Kenneth Cotton, Wipf & Cotton 
Law Offices LLC, 107 South Main Street, Wagner, SD 57380.
    Board decisions and notices are available on its Web site at 
WWW.STB.DOT.GOV.

    Decided: May 23, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-10324 Filed 5-30-07; 8:45 am]
BILLING CODE 4915-01-P