[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70349-70350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28975]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35441]


Blackwell Northern Gateway Railroad Company-Lease Renewal 
Exemption-Oklahoma Department of Transportation and Blackwell 
Industrial Authority

    Blackwell Northern Gateway Railroad Company (BNGR), a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to renew and supplement its lease of approximately 37.26 miles 
of rail line, owned by the Oklahoma Department of Transportation (ODOT) 
and Blackwell Industrial Authority (BIA), referred to as the Blackwell 
Line. The Blackwell Line extends from approximately milepost 0.09 at 
Wellington, Kan., to approximately milepost 35.35 at Blackwell, Okla., 
and from approximately milepost 127.0 to approximately milepost 125.0, 
in Blackwell, a total distance of

[[Page 70350]]

approximately 37.26 miles.\1\ ODOT owns the portions of the Blackwell 
Line extending from milepost 18.32, near Hunnewell, Kan., on the 
Oklahoma/Kansas border, to milepost 35.35 at Blackwell, and from 
milepost 127.0 to milepost 126.45 in Blackwell. BIA owns the portions 
of the Blackwell Line extending from milepost 0.09 at Wellington, to 
milepost 18.32 at the Kansas/Oklahoma border, and from milepost 126.45 
to milepost 125.0 in Blackwell.
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    \1\ BNGR states that the mileposts are slightly corrected from 
the earlier proceedings involving this line. See Blackwell N. 
Gateway R.R.--Change in Operators Exemption--Okla. Dep't of Transp. 
and Blackwell Indus. Auth., FD 34777 (STB served Nov. 30, 2005) and 
State of Okla. by and through the Okla. Dep't of Transp. and 
Blackwell Indus. Auth.--Acquis. Exemption--Cent. Kan. Ry., FD 33492 
(STB served Oct. 31, 1997).
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    BNGR currently operates the Blackwell Lines pursuant to a lease 
agreement with ODOT and BIA. BNGR, ODOT, and BIA have agreed to execute 
a First Renewal Track Lease and Operating Agreement that will extend 
the terms of the lease for 5 years, through November 30, 2015, and will 
also include other changes beyond the extension of the lease term.
    BNGR certifies that its projected revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
carrier and will not exceed $5 million.
    The transaction is scheduled to be consummated on December 1, 2010, 
the effective date of the exemption (30 days after the exemption was 
filed).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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 Docket No. 
FD 35441, 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, Thomas J. Litwiler, 29 North Wacker Drive, 
Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: November 10, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-28975 Filed 11-16-10; 8:45 am]
BILLING CODE 4915-01-P