[Federal Register: September 1, 1998 (Volume 63, Number 169)]
[Notices]               
[Page 46506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se98-121]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33639]

 
Dakota, Missouri Valley & Western Railroad, Inc.--Acquisition and 
Operation Exemption--A Line of The Burlington Northern and Santa Fe 
Railway Company

    Dakota, Missouri Valley & Western Railroad, Inc. (DMVW), a Class 
III rail carrier, has filed a notice of exemption under 49 CFR 1150.41 
to acquire (by purchase) ownership rights in (a permanent and exclusive 
rail service easement) and to operate over approximately 45.3 miles of 
rail line, owned by The Burlington Northern and Santa Fe Railway 
Company (BNSF), known as the McKenzie-Linton Line, between milepost 0.0 
at McKenzie, Burleigh County, ND, and milepost 45.3 in Linton, Emmons 
County, ND.<SUP>1</SUP>
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    \1\ DMVW will also acquire BNSF's interest in all railroad 
tracks, track materials and related track structures and facilities 
located between milepost 0.0 at McKenzie and milepost 28.7 at 
Hazelton, ND. BNSF will convey to DMVW the exclusive right to 
conduct rail freight transportation business on the entire McKenzie-
Linton Line.
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    The transaction is scheduled to be consummated on or before 
September 1, 1998.<SUP>2</SUP>
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    \2\ The transaction could not be consummated no sooner than the 
August 10, 1998, effective date of the exemption.
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    If this 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 does not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33639, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Kevin M. Sheys, Oppenheimer Wolff Donnelly & Bayh LLP, 1350 
Eye Street N.W., Suite 200, Washington, DC 20005-3324.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: August 25, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-23451 Filed 8-31-98; 8:45 am]
BILLING CODE 4915-00-P