Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Notices 69991

consummation could not take place before

November 15, 2000.

1The line is the subject of a notice of exemption

for its abandonment in Trinidad Railway, Inc.—

Abandonment Exemption—in Las Animas County,

CO, STB Docket No. AB–573X (STB served Sept.

21, 2000). By decision served October 20, 2000, the

Board postponed the effective date of that

exemption until November 30, 2000, pending

completion of the offer of financial assistance (OFA)

process or, if the OFA process terminated, a period

to provide for interim trail use negotiations.

1The line is the subject of a notice of exemption

for abandonment in Trinidad Railway, Inc.—

Abandonment Exemption—in Las Animas County,

CO, STB Docket No. AB–573X (STB served Sept.

21, 2000). By decision served October 20, 2000, the

Board postponed the effective date of that

exemption until November 30, 2000, pending

completion of the offer of financial assistance (OFA)

process or, if the OFA process terminated, a period

to provide for interim trail use negotiations.

2TRI has retained a real estate interest in the

right-of-way between milepost 15.11, in Segundo,

and the end of the line subject to a permanent and

irrevocable easement to KVR to fulfill its common

carrier obligation, pending abandonment of the line,

including access to the line for work on the tracks,

ties and other track materials.

The purpose of the trackage rights is

to allow BNSF to deliver or receive

RoadRailer equipment in interchange to

and from IC, GTW and Canadian

National Railway Company, and to

make available RoadRailer equipment

available for BNSF customers at IC’s

Harvey Yard.

As a condition to this exemption, any

employees affected by the trackage

rights will be protected by the

conditions imposed in Norfolk and

Western Ry. Co.—Trackage Rights—BN,

354 I.C.C. 605 (1978), as modified in

Mendocino Coast Ry., Inc.—Lease and

Operate, 360 I.C.C. 653 (1980).

This notice is filed under 49 CFR

1180.2(d)(7). If it 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. 33958 must be filed with the

Surface Transportation Board, Office of

the Secretary, Case Control Unit, 1925 K

Street, NW., Washington, DC 20423–

0001. In addition, one copy of each

pleading must be served on Michael E.

Roper, The Burlington Northern and

Santa Fe Railway Company, 2500 Lou

Menk Drive, P.O. Box 961039, Fort

Worth, TX 76161–0039.

Board decisions and notices are

available on our website at

WWW.STB.DOT.GOV.

Decided: November 14, 2000.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00–29611 Filed 11–20–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33957]

Kern W. Schumacher and Morris H.

Kulmer—Continuance in Control

Exemption—Kern Valley Railroad

Company

Kern W. Schumacher and Morris H.

Kulmer, individuals (collectively

applicants), have filed a verified notice

of exemption to continue in control of

the Kern Valley Railroad Company

(KVR), upon KVR’s becoming a Class III

railroad.

The transaction is scheduled to be

consummated on or after November 13,

2000.

This transaction is related to STB

Finance Docket No. 33956, Kern Valley

Railroad Company—Acquisition and

Operation Exemption—Trinidad

Railway, Inc., wherein KVR seeks to

acquire an approximate 30.0-mile line of

railroad (line) in Las Animas County,

CO, from Trinidad Railway, Inc. (TRI)

and has agreed to assume TRI’s common

carrier railroad obligations pending the

line’s abandonment.1

Applicants currently indirectly

control one existing Class III railroad:

Tulare Valley Railroad Company,

operating in the State of California.

Applicants state that (i) the rail line

of KVR will not connect with any other

lines of a railroad under their control or

within their corporate family, (ii) the

transaction is not part of a series of

transactions that would connect the

railroads with each other or any railroad

in applicants’ corporate family, and (iii)

the transaction does not involve a Class

I carrier. Therefore, the transaction is

exempt from the prior approval

requirements of 49 U.S.C. 11323. See 49

CFR 1180.2(d)(2).

Under 49 U.S.C. 10502(g), the Board

may not use its exemption authority to

relieve a rail carrier of its statutory

obligation to protect the interests of its

employees. Section 11326(c), however,

does not provide for labor protection for

transactions under sections 11324 and

11325 that involve only Class III rail

carriers. Because this transaction

involves Class III rail carriers only, the

Board, under the statute, may not

impose labor protective conditions for

this transaction.

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. 33957, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Fritz R.

Kahn, Esq., 1920 N Street, NW., 8th

Floor, Washington, DC 20036–1601.

Board decisions and notices are

available on our website at

WWW.STB.DOT.GOV.

Decided: November 13, 2000.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00–29608 Filed 11–20–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33956]

Kern Valley Railroad Company—

Acquisition and Operation

Exemption—Trinidad Railway, Inc.

Kern Valley Railroad Company (KVR),

a noncarrier, has filed a verified notice

of exemption under 49 CFR 1150.31 to

acquire the railroad lines and other

assets (line) of Trinidad Railway, Inc.

(TRI) and has agreed to assume TRI’s

common carrier railroad obligations

pending the line’s abandonment.1 The

line extends from milepost 2.0, at

Jensen, to the end of the line at milepost

30.0, at the former New Elk Mine, east

of Stonewall, in Las Animas County,

CO, a distance of approximately 30.0

miles.2

The transaction is scheduled to be

consummated on or after November 13,

2000.

This transaction is related to STB

Finance Docket No. 33957, Kern W.

Schumacher and Morris H. Kulmer—

Continuance in Control Exemption—

Kern Valley Railroad Company, wherein

Kern W. Schumacher and Morris H.

Kulmer have concurrently filed a

verified notice to continue in control of

KVR upon its becoming a Class III rail

carrier.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding to revoke the exemption