[Federal Register Volume 62, Number 9 (Tuesday, January 14, 1997)]
[Notices]
[Page 1949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-859]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33321]


Western Fuels Service Corporation, Acquisition and Operation 
Exemption, Burlington Northern Railroad Company

    Western Fuels Service Corporation (WFSC), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150, Subpart D to acquire 
and operate a rail line owned by Burlington Northern Railroad Company 
(BN). The line, located in Wyoming, extends from West Caballo Junction 
(milepost 14.9) to the following mines in the Powder River Basin: (1) 
Buckskin (milepost 9.5; 25 route miles); (2) Fort Union (milepost 6.0; 
21 route miles); (3) Clovis Point (milepost 3.0; 18 route miles); 
Rawhide (milepost 9.5; 25 route miles); Eagle Butte (milepost 9.5; 25 
route miles); and Dry Fork (milepost 7.9; 23 route miles).
    WFSC states that it has not reached an agreement with BN to operate 
over BN's tracks between West Caballo Junction and the Powder River 
Basin mines, but that it is seeking such rights and authority in its 
pending complaint in Western Fuels Service Corporation v. Burlington 
Northern Railroad Company, STB Docket No. 41987, to obtain access to 
terminal facilities under 49 U.S.C. 11102.
    If the 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.\1\ The filing of a petition 
to revoke will not automatically stay the transaction.
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    \1\ On December 13, 1996, BN filed a petition to reject the 
notice of exemption or, in the alternative, for a declaration that 
the notice is void ab initio. WFSC filed a reply on December 31, 
1996. The merits of the petition will be decided by the entire Board 
in a separate decision.
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    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33321, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423 and served on: Fredrick D. Palmer, 
Western Fuels Service Corporation, Suite 805, 4301 Wilson Blvd., 
Arlington, VA 22203-1860; and Peter Glaser, Doherty, Rumble, and 
Butler, PA, 1401 New York Ave., N.W., Washington, DC 20005.

    Decided: January 7, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-859 Filed 1-13-97; 8:45 am]
BILLING CODE 4915-00-P