[Federal Register Volume 67, Number 36 (Friday, February 22, 2002)]
[Notices]
[Pages 8334-8335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4138]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34170]


Utah Transit Authority--Acquisition Exemption--Certain Assets of 
Union Pacific Railroad Company

    The Utah Transit Authority (UTA), a noncarrier, has filed a notice 
of exemption under 49 CFR 1150.31 to acquire from the Union Pacific 
Railroad Company (UP) several railroad rights-of-way and related 
improvements, totaling approximately 62.77 miles, in Davis, Weber, Salt 
Lake and Utah Counties, UT. UTA proposes to acquire UP's right, title 
and interest in the following rail lines: (1) The Salt Lake Subdivision 
between approximately milepost 754.31 in Bountiful and approximately 
milepost 778.00 in Ogden; (2) the Provo Industrial Lead between 
approximately milepost P-775.23 in Point of Mountain and approximately 
milepost P-762.00 in Hardy; (3) the Sharp Subdivision between 
approximately milepost P-

[[Page 8335]]

752.41 in Provo and approximately milepost P-757.25 in Lakota Junction; 
(4) the Tintic Industrial Lead between approximately milepost 0.00 in 
Springville and approximately milepost 13.06 in Payson; (5) the 
Sugarhouse Spur between approximately milepost 0.00 and approximately 
milepost 2.74 in Salt Lake City; and (6) the Bingham Industrial Lead 
between approximately milepost 6.60 in Bagley and approximately 
milepost 11.81.\1\
---------------------------------------------------------------------------

    \1\ UTA also proposes to acquire from UP portions of the width 
of the following rights-of-way: (1) the Salt Lake Subdivision 
between approximately milepost 782.48 in Salt Lake City, and 
approximately milepost 818.05 in Ogden; (2) the Provo Subdivision 
between approximately milepost 705.71 at Lakota Junction and 
approximately milepost 729.29; (3) the Provo Subdivision between 
approximately milepost 729.50 and approximately milepost 745.50 in 
Salt Lake City; (4) the Sharp Subdivision between approximately 
milepost P-752.41 in Provo and approximately milepost 750.81; (5) 
the Sharp Subdivision between approximately milepost P-749.99 in 
Provo, and approximately milepost 745.82 in Spanish Fork; and (6) 
the Bingham Industrial Lead between approximately milepost 0.00 in 
Midvale, and approximately milepost 6.60 at Bagley. UTA asserts that 
acquisition of these portions of rail rights-of-way is not subject 
to Board jurisdiction, citing Sacramento Regional Transit District-
Petition For Declaratory Order Regarding Carrier Status, STB Finance 
Docket No. 33796 (STB served July 5, 2000); and Southern Pacific 
Transportation Company--Abandonment Exemption--Los Angeles County, 
CA, 9 I.C.C.2d 385, 390 (1993).
---------------------------------------------------------------------------

    UTA indicates that it does not intend to conduct freight rail 
operations on any of the lines, but is acquiring them for possible 
passenger rail operations. According to UTA, UP will retain an 
exclusive, perpetual, transferable and irrevocable easement on the 
lines to conduct freight operations.
    Consummation of this transaction is expected to occur on or about 
May 30, 2002.
    If the notice contains false or misleading information, the 
exemption is void ab initio.\2\ 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 transaction.
---------------------------------------------------------------------------

    \2\ UTA simultaneously filed a motion to dismiss this 
proceeding, contending that the Board does not have jurisdiction 
over this transaction. The motion will be addressed by the Board in 
a separate decision.
---------------------------------------------------------------------------

    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34170, 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, Kirkpatrick & Lockhart LLP, 1800 
Massachusetts Avenue, Suite 200, Washington, DC 20036-1221.
    Board decisions and notices are available on our website at 
www.stb.dot.gov. 

    Decided: February 14, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-4138 Filed 2-21-02; 8:45 am]
BILLING CODE 4915-00-P