[Federal Register Volume 69, Number 248 (Tuesday, December 28, 2004)]
[Notices]
[Page 77831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28334]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34616]


Kettle Falls International Railway, LLC--Acquisition Exemption--
The Burlington Northern and Santa Fe Railway Company

    Kettle Falls International Railway, LLC (KFR), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to acquire by 
purchase and lease from The Burlington Northern and Santa Fe Railway 
Company (BNSF) rail lines in the State of Washington. The rail lines 
being purchased are between: (1) milepost 4.7, near West Kettle Falls, 
WA, and milepost 34.375, at the United States-Canadian border; and (2) 
milepost 48.79, at the United States-Canadian border, and milepost 
77.14, at San Poil, WA.\1\ The rail lines being leased are between: (1) 
milepost 0.0, near Kettle Falls, and milepost 4.7, near West Kettle 
Falls; and (2) milepost 61.0 near Chewelah, WA, and milepost 139.71, at 
the United States-Canadian border.\2\ In addition, KFR will acquire 
incidental overhead trackage rights over the rail line between milepost 
0.0 near Kettle Falls, and milepost 4.7, near West Kettle Falls. While 
KFR is leasing that 4.7-mile line, KFR is acquiring the incidental 
trackage rights to ensure continued access to BNSF for interchange at 
Kettle Falls from the rail line KFR is purchasing in the event the 
lease of the line between Kettle Falls and West Kettle Falls expires or 
is terminated.
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    \1\ The rail line that KFR is purchasing is located between 
milepost 4.7, near West Kettle Falls, and milepost 77.14, at San 
Poil. While the termini of this line are located in the State of 
Washington, the segment of the line between milepost 34.375 and 
milepost 48.79 is located in British Columbia, Canada. Consequently, 
the Board has jurisdiction only over the acquisition of the two 
segments in the United States described above.
    \2\ The rail segment that KFR is leasing is located between 
milepost 61.0, near Chewelah, and milepost 144.0, near Columbia 
Gardens, British Columbia, Canada. The segment of the Chewelah-
Columbia Gardens line between milepost 139.71 and milepost 144.0 is 
located in British Columbia. Consequently, the Board has 
jurisdiction only over the lease of the line segment in the United 
States described here. BNSF is retaining restricted trackage rights 
over the segment of the line KFR is leasing between milepost 61.0, 
near Chewelah, and milepost 96.0, near Kettle Falls.
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    The transaction is related to STB Finance Docket No. 34617, Patrick 
D. Broe and OmniTRAX, Inc.--Continuance in Control Exemption--Kettle 
Falls International Railway, LLC, wherein Patrick D. Broe and OmniTRAX, 
Inc., have concurrently filed a verified notice of exemption to 
continue in control of KFR upon KFR's becoming a Class III rail 
carrier.
    KFR certifies that its projected revenues as a result of this 
transaction will not result in KFR's becoming a Class II or Class I 
rail carrier, and further certifies that its projected annual revenues 
will not exceed $5 million.
    The transaction was expected to be consummated on or shortly after 
December 10, 2004.
    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 will not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34616, 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 Karl Morell, Of Counsel, Ball 
Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at
http://www.stb.dot.gov.

    Decided: December 20, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-28334 Filed 12-27-04; 8:45 am]
BILLING CODE 4915-01-P