[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Page 10341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4745]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35354]


Montoff Transportation Company, LLC--Acquisition Exemption--BNSF 
Railway Company

    Montoff Transportation Company, LLC (Montoff), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to acquire 
from BNSF Railway Company (BNSF) its right to reactivate rail service 
on a 42.80-mile rail-banked line (Line) between milepost 73.60 near 
Fairmont and milepost 116.40 near Guthrie, in Garfield and Logan 
Counties, OK.\1\
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    \1\ Montoff filed the notice of exemption on February 17, 2010, 
and a correction of the mileposts 2 days later. Accordingly, 
February 19, 2010, is the official filing date.
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    The notice of exemption relates back to the Decision and Notice of 
Interim Trail Use or Abandonment (NITU) that the Board, at the request 
of BNSF and the Oklahoma Department of Transportation (ODOT), issued 
for the Line in The Burlington Northern and Santa Fe Railway Company--
Abandonment Exemption--in Garfield and Logan Counties, OK, STB Docket 
No. AB-6 (Sub-No. 379X) (STB served October 27, 1998). Shortly after 
the NITU was issued, BNSF and ODOT entered into an interim trail use/
rail banking agreement pursuant to the National Trails System Act, 16 
U.S.C. 1247(d).
    Montoff, ODOT, and BNSF have now reached an agreement that would 
return the Line to active rail service. Pursuant to that agreement, 
Montoff and ODOT simultaneously filed with this notice of exemption a 
joint motion requesting that the Board vacate the existing NITU and 
issue a replacement NITU permitting Montoff to substitute for ODOT as 
interim trail manager for the Line. Montoff states that it intends to 
reactivate rail service, but that this cannot be done until necessary 
track and bridge rehabilitation work is completed. BNSF, in a pleading 
submitted in this docket on February 23, 2010, supports Montoff's 
filing and states that it consents to the substitution of Montoff in 
lieu of ODOT as interim trail manager for the Line but only if the 
Board first accepts Montoff's filing in this docket. This notice of 
exemption and the procedure proposed by Montoff is being accepted to 
facilitate the return of this rail-banked line to active rail service 
in a timely fashion.\2\
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    \2\ A more appropriate approach to achieve this result would be 
to file a petition to vacate a NITU and an appropriate petition or 
notice of exemption to acquire and operate the line at issue.
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    Before Montoff may begin operating the Line, it will need to obtain 
a decision vacating the NITU in STB Docket No. AB-6 (Sub-No. 379X), 
and, if necessary the operator will have to obtain authority to operate 
the Line.
    Montoff states that it expects this acquisition transaction to be 
consummated on or after March 18, but no later than March 25, 2010. The 
earliest this transaction may be consummated is March 21, 2010, the 
effective date of the exemption (30 days after the notice of exemption 
was officially 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 effectiveness of the 
exemption. Stay petitions must be filed no later than March 12, 2010.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35354, 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 Charles H. Montange, 426 NW. 
162nd Street, Seattle, WA 98177.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: March 2, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-4745 Filed 3-4-10; 8:45 am]
BILLING CODE 4915-01-P