[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Notices]
[Page 64701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22359]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35066]


Columbia Basin Railroad Company, Inc.--Acquisition and Operation 
Exemption--BNSF Railway Company and BNSF Acquisition, Inc.

    Columbia Basin Railroad Company, Inc. (CBRW), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to acquire, by purchase pursuant to an agreement it anticipates 
entering into with BNSF Railway Company and BNSF Acquisition, Inc., and 
to operate approximately 74 miles of rail lines as follows: (1) From 
milepost 186.9 at or near Connell to milepost 145.7 at or near Wheeler, 
WA; (2) from milepost 0.0 at or near Bassett Junction to milepost 12.5 
at or near Schrag, WA; (3) from milepost 20.0 at or near Moses Lake to 
milepost 5.6 at or near Sieler, WA; and (4) from milepost 5.6 at or 
near Sieler to milepost 0.0 at or near Wheeler. In addition, CBRW 
intends to acquire incidental trackage rights for local and overhead 
rail service over approximately 13 miles of rail line from milepost 
1987 at or near Othello to the end of the track at milepost 1974 at or 
near Warden, WA. CBRW has leased, operated and performed trackage 
rights services over substantially the same rail lines since December 
1996.\1\
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    \1\ See Columbia Basin Railroad Company, Inc.--Exemption to 
Lease and Operate--Burlington Northern Railroad Co. and BNSF 
Acquisition, Inc., STB Finance Docket No. 33140 (STB served Dec. 13, 
1996).
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    CBRW certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier.
    CBRW states that it intends to consummate the transaction on or 
after December 1, 2007, but shall in no event consummate the 
transaction before the Board either grants its petition for waiver of 
the 60-day labor notice requirement or CBRW satisfies the applicable 
labor notice requirement at 49 CFR 1150.42(e).\2\
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    \2\ On November 1, 2007, CBRW concurrently filed a certification 
of labor notice compliance and a petition for waiver of the 60-day 
advance labor notice requirement at 49 CFR 1150.42(e). That request 
will be addressed in a separate decision. Unless the Board grants 
the waiver request, the earliest this transaction may be consummated 
will be December 31, 2007.
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    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 effectiveness of the 
exemption. Stay petitions must be filed no later than 7 days before the 
exemption becomes effective.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35066, 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 Rose-Michele Nardi, Weiner 
Brodsky Sidman Kider PC, 1300 19th Street, NW., Fifth Floor, 
Washington, DC 20036-1609.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 9, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-22359 Filed 11-15-07; 8:45 am]
BILLING CODE 4915-01-P