[Federal Register Volume 66, Number 193 (Thursday, October 4, 2001)]
[Notices]
[Page 50708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24687]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34094]


Santa Clara Valley Transportation Authority--Acquisition 
Exemption--Union Pacific Railroad Company

    Santa Clara Valley Transportation Authority (VTA), a noncarrier, 
has filed a verified notice of exemption under 49 CFR 1150.31 to 
acquire Union Pacific Railroad Company's (UP) railroad right-of-way and 
certain related improvements located in Santa Clara County, CA (line). 
The line is located between the south side of San Carlos Avenue at 
approximately UP milepost 0.08, in San Jose, and the northerly boundary 
of the State Route 85 overpass at approximately UP milepost 5.77, in 
Vasona. VTA also will be acquiring UP's trackage, but not the 
underlying real estate constituting the right-of-way, between the point 
of switch off the UP Peninsula Corridor Main Line, at approximately UP 
milepost 0.00, and approximately UP milepost 0.08, on the Vasona 
Branch. The total distance of the right-of-way and trackage being 
acquired by VTA is approximately 5.8 route miles. VTA is acquiring the 
line in order to construct and operate an extension to its light rail 
transit system on a portion of the right-of-way. UP will retain a 
perpetual, exclusive easement for the continuation of freight rail 
service on the line. VTA will not obtain the right or obligation to 
conduct freight rail service on any portion of the line.
    While the verified notice of exemption failed to indicate the 
proposed time schedule for consummation of this transaction, the 
earliest the transaction could be consummated was September 14, 2001, 
the effective date of the exemption. See 49 CFR 1150.33(e)(2).
    If the notice contains false or misleading information, the 
exemption is void ab initio.\1\ 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.
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    \1\ A motion to dismiss has been filed by VTA in this 
proceeding. The motion will be addressed in a subsequent Board 
decision.
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    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34094, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Kevin M. Sheys, Esq., Kirkpatrick & Lockhart LLP, 1800 
Massachusetts Avenue, NW., Second Floor, Washington, DC 20036.
    Board decisions and notices are available on our website at 
www.stb.dot.gov.

    Decided: September 26, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-24687 Filed 10-3-01; 8:45 am]
BILLING CODE 4915-00-P