80 FR 27230 - Boot Hill & Western Railway Holding Co., Inc.-Acquisition and Operation Exemption-Boot Hill & Western Railway Co., LC

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 91 (May 12, 2015)

[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Notices]
[Pages 27230-27231]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11429]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35924]


Boot Hill & Western Railway Holding Co., Inc.--Acquisition and 
Operation Exemption--Boot Hill & Western Railway Co., LC

    Boot Hill & Western Railway Holding Co., Inc. (Holding), a 
noncarrier holding company, has filed a verified notice of exemption 
pursuant to 49 CFR 1150.31, to acquire and operate approximately 10.2 
miles of rail line owned by Boot Hill & Western Railway Co., LC (BHWR), 
a Class III rail carrier, extending between milepost 15.8, at or near 
Wilroads, and milepost 26.0, at Dodge City, in Ford County, Kan. 
Holding also seeks Board approval to acquire from BHWR the right to 
reactive common carrier rail service on an approximately 15.8-mile 
contiguous railbanked rail line, extending between milepost 0.0, at or 
near Bucklin, and milepost 15.8, at or near Wilroads, in Ford County, 
Kan.\1\ In a prior notice, BHWR was issued a notice of interim trail 
use or abandonment (NITU) over this portion of the line.
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    \1\ Boot Hill & W. Ry.--Aban. Exemption--In Ford Cnty., Kan., AB 
927X (STB served Feb. 13, 2006). On April 24, 2015, BHWR and Holding 
jointly filed a motion to substitute Holding as the interim trail 
sponsor and remove BHWR. That motion will be addressed in a separate 
decision.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Michael Williams--Continuance in Control Exemption--
Boot Hill & W. Ry. Co., LC, Docket No. FD 35925. Holding may not 
consummate this transaction until that notice also becomes effective.
    According to Holding, the acquisition will allow continued rail 
operations

[[Page 27231]]

over the remaining 10.2 miles of active rail line and will not result 
in significant changes to carrier operations. Holding states that the 
thresholds of 49 CFR 1105.7(e)(5)(ii) will not be exceeded, therefore 
no environmental documentation is required.
    Holding certifies that the projected annual revenues as a result of 
this transaction will not result in Holding becoming a Class II or 
Class I rail carrier and that its annual revenue will not exceed $5 
million.
    The earliest the transaction could be consummated is May 24, 2014, 
the effective date of the exemption (30 days after the exemption was 
filed). The parties expect to consummate the transaction on the later 
of May 27, 2015, or the effective date of the exemption.
    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. Petitions to stay must be filed by May 18, 2015 (at least 
seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35924, 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, Law Offices of Charles 
H. Montange, 426 NW 162d St., Seattle, WA 98177.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: May 7, 2015.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-11429 Filed 5-11-15; 8:45 am]
 BILLING CODE 4915-01-P