[Federal Register Volume 70, Number 169 (Thursday, September 1, 2005)]
[Notices]
[Page 52154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17096]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34737]


Yellowstone Valley Railroad, Inc.--Lease and Operation 
Exemption--BNSF Railway Company

    Yellowstone Valley Railroad, Inc. (YVRR), a noncarrier,\1\ has 
filed a verified notice of exemption under 49 CFR 1150.31 to lease from 
BNSF Railway Company (BNSF) and operate two rail lines totaling 171.97 
miles. The rail lines are located: (1) between milepost 6.0, near 
Glendive, MT, and milepost 78.6, near Snowden, MT; and (2) between 
milepost 0.93, near Bainville, MT, and milepost 100.3, near Scobey, MT. 
In conjunction with the lease of the rail lines, YVRR will acquire 
incidental, overhead trackage rights over the BNSF rail lines located 
between: (1) milepost 78.6, on the BNSF Sidney Subdivision near 
Snowden, MT, and milepost 0.93, on the BNSF Scobey Subdivision, near 
Bainville, MT, via the BNSF Glasgow Subdivision between Snowden and 
Bainville; and (2) milepost 6.0, near Glendive, MT, and milepost 0.0, 
at Glendive, MT.
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    \1\ YVRR is controlled by Watco Companies, Inc., a noncarrier 
that also controls twelve (12) Class III railroads operating in 
thirteen States.
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    This transaction is related to STB Finance Docket No. 34736, Watco 
Companies, Inc.--Continuance in Control Exemption--Yellowstone Valley 
Railroad, Inc, wherein Watco Companies, Inc., has concurrently filed a 
verified notice of exemption to continue in control of YVRR upon YVRR's 
becoming a Class III rail carrier.
    YVRR certifies that the projected annual revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier, and further certifies that its projected annual 
revenues will not exceed $5 million.
    The transaction was scheduled to be consummated on August 15, 
2005.\2\
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    \2\ By decision served in this proceeding on August 10, 2005, 
Chairman Nober denied a request to stay the effectiveness of the 
exemption.
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    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. 34737, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Karl Morell, Of Counsel, Ball 
Janik LLP, Suite 225, 1455 F Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 23, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-17096 Filed 8-31-05; 8:45 am]
BILLING CODE 4915-01-P