[Federal Register Volume 67, Number 81 (Friday, April 26, 2002)]
[Notices]
[Pages 20863-20864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10029]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34189]


Richmond Pacific Railroad Corporation--Lease, Operating and 
Trackage Rights Exemption--Rail Lines of Union Pacific Railroad Company 
and The Burlington Northern and Santa Fe Railway Company

    Richmond Pacific Railroad Corporation (applicant), a Class III rail 
carrier, has filed a notice of exemption under 49 CFR 1150.41 to lease 
and operate (including some operations by trackage rights) over 10 
miles of rail lines owned by Union Pacific Railroad Company (UP) and 
The Burlington Northern and Santa Fe Railway Company (BNSF) in Contra 
Costa County, CA.
    The transaction could have been consummated on or after April 9, 
2002, the effective date of the exemption (7 days after the exemption 
was filed).\1\
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    \1\ Applicant proposed to consummate the transaction on or about 
April 8, 2002. The exemption notice was filed on April 2, 2002. 
Under 49 CFR 1150.42, the exemption is effective 7 days after the 
notice is filed.
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    The purpose of the transaction \2\ is to allow: (1) Applicant to 
lease from UP, for freight rail operations, trackage on the Seaver 
Industrial Lead, from milepost 0.20 near the Stege Wye to the end of 
the track at milepost 2.46 (2.26 miles), and on the Richmond Industrial

[[Page 20864]]

Lead, from milepost 0.00 near the San Pablo Wye to milepost 1.01, 
including all industry tracks, the San Pablo Wye, and San Pablo house 
track (1.5 miles); (2) UP and applicant to interchange freight cars, 
locomotives, cabooses and other equipment adjacent to the UP main line 
at the Stege Wye on interchange trackage from milepost 7.5 to milepost 
10.7 (3.2 miles); (3) UP to permit applicant to operate freight rail 
service on subsidiary trackage adjacent to the UP main line from 
milepost 10.7 near the Stege Wye to milepost 13.74 near the San Pablo 
Wye (3.04 miles); (4) UP and applicant to agree upon rail car switching 
or interchange charges for various types of freight cargo shipments 
originated or terminated by UP or applicant; (5) UP to assign its 
rights under certain agreements related to the leased premises to 
applicant and to allow applicant to assume the obligations of UP under 
such agreements; and (6) BNSF and applicant to interchange equipment at 
the 23rd Street yard and to deliver equipment to locations along the 
Seaver Industrial Lead using joint track leased to applicant by BNSF 
and UP, operating rights on BNSF-owned track, and on track leased by 
BNSF to applicant.
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    \2\ Applicant states that the transaction involves several 
agreements between UP and applicant which include a lease agreement, 
an interchange agreement, an operating agreement, a commercial 
marketing agreement and an assignment and assumption agreement. It 
also involves a non-exclusive lease agreement between BNSF and 
applicant.
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    The notice is filed under 49 CFR 1150.41. 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. The filing of a petition to revoke will not automatically 
stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34189, must be filed with the Surface Transportation 
Board, Case Control Unit, 1925 K Street, NW., Washington, DC 20423-
0001. In addition, a copy of each pleading must be served on Ronald C. 
Peterson, Esq., Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP, 333 
Market Street, Suite 2300, San Francisco, CA 94105-2173.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.''

    Decided: April 18, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-10029 Filed 4-25-02; 8:45 am]
BILLING CODE 4915-00-P