[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53273-53274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17725]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34742]


Murray-Calloway Economic Development Corporation--Acquisition 
Exemption--Hardin Southern Railroad, Inc.

    Murray-Calloway Economic Development Corporation (EDC), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire by purchase from Hardin Southern Railroad, Inc., a 
rail line between milepost 38.34, near Murray, in Calloway County, KY, 
and milepost 30, near Hardin, in Marshall County, KY, a total distance 
of 8.34 miles.\1\ EDC states that it does not intend to operate the 
line or to hold itself out to provide common carrier service.\2\
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    \1\ This transaction is related to STB Finance Docket No. 34741, 
KWT Railway, Inc.--Lease and Operate--Murray-Calloway Economic 
Development Corporation, wherein KWT Railway, Inc. (KWT), has filed 
a notice of exemption to lease and operate the portion of rail line 
between milepost 38.34 and approximately milepost 37.34.
    \2\ EDC states that, ``* * * [t]o the extent that the line is 
considered a ``line of railroad'' the EDC intends to embargo or 
discontinue service over the rest of the line.'' Because EDC is 
acquiring the 8.34-mile line pursuant to 49 U.S.C. 10901, the entire 
line is a line of railroad, and EDC is acquiring a common carrier 
obligation to either provide service over all of it or assure that 
service is provided by another carrier. Should EDC seek to terminate 
that obligation in whole or in part in the future, it will need to 
file for authority to abandon or discontinue service. In connection 
with any such request, EDC should be aware of the Board's holding in 
The Land Conservancy of Seattle and King County--Acquisition and 
Operation Exemption--The Burlington Northern and Santa Fe Railway 
Company, STB Finance Docket No. 33389 (STB served Sept. 26, 1997).

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[[Page 53274]]

    EDC certifies that its projected revenues as a result of the 
transaction will not exceed those that would qualify it as a Class III 
rail carrier and will not exceed $5 million.
    The transaction was expected to be consummated on or after August 
15, 2005, the effective date of the exemption (7 days after the 
exemption was filed).
    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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34742, 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 Mark Manning, P.O. Box 1911, 
Murray, KY 42071.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 31, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-17725 Filed 9-6-05; 8:45 am]
BILLING CODE 4915-01-P