[Federal Register Volume 69, Number 47 (Wednesday, March 10, 2004)]
[Notices]
[Pages 11478-11479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5120]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34400]


Sonoma-Marin Area Rail Transit District--Acquisition Exemption--
Northwestern Pacific Railroad Authority

    Sonoma-Marin Area Rail Transit District (SMART),\1\ a noncarrier, 
has filed a verified notice of exemption under 49 CFR 1150.31 to 
acquire the real estate and rail facilities and trackage from 
Northwestern Pacific Railroad Authority (NWPRA) \2\ comprising a line 
of railroad that extends from Northwestern Pacific Railroad Company 
(NWP) milepost 68.2 at Healdsburg, CA, to Southern Pacific 
Transportation Company (SP) milepost 63.4 at Lombard Station, Napa 
County, CA, via Schellville (NWP milepost 40.6/SP milepost 72.59), a 
distance of approximately 66.85 miles. SMART indicates that it will 
take title subject to an easement for freight service, which was 
granted to North Coast Railroad Authority as part of NWPRA's 
acquisition in STB Finance Docket No. 32910, and to an operating 
agreement subsequently providing for service by Northwestern Pacific 
Railway Co., LLC (NWPY).\3\ According to SMART, the purpose of this 
acquisition is to place the line in the ownership of an agency that is 
legally authorized to operate passenger rail service. SMART states that 
it will not be providing freight rail service. Rather, CFNR Operating 
Company, Inc. (CFNR) \4\ and NWPY will

[[Page 11479]]

continue to be the carriers providing freight rail service over the 
line, and SMART will retain a residual common carrier obligation until 
such time as it petitions the Board for a change in status and the 
Board grants its petition. SMART certifies that its projected revenues 
as a result of this transaction will not exceed those that would 
qualify it as a Class III rail carrier.
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    \1\ SMART is a special district created pursuant to California 
Public Utilities Code Section 105000 et seq. to acquire and operate 
passenger service over the line.
    \2\ NWPRA acquired these assets in Northwestern Pacific Railroad 
Authority--Acquisition Exemption--Former Northwestern Pacific 
Railroad Line from Southern Pacific Transportation Company and 
Golden Gate Bridge, Highway and Transportation District, STB Docket 
Finance Docket No. 32910 (STB served May 17, 1996).
    \3\ NWPY acquired its authority pursuant to an operating 
agreement to lease and operate between Healdsburg and Schellville, 
CA. See Northwestern Pacific Railway Co., LLC--Lease and Operation 
Exemption--North Coast Railroad Authority, Northwestern Pacific 
Railroad Authority and Golden Gate Bridge, Highway and 
Transportation District, STB Finance Docket No. 33998 (STB served 
Feb. 6, 2001).
    \4\ CFNR acquired authority to operate freight rail service 
between Lombard and Schellville, CA. See CFNR Operating Company, 
Inc.--Acquisition and Operation Exemption--Park Sierra Corp., STB 
Finance Docket No. 34199 (STB served May 23, 2002).
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    A memorandum of understanding between NWPRA and SMART was executed 
on June 13, 2003. SMART reported that the parties intend to consummate 
the transaction on or about February 19, 2004.
    If the verified 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. 34400, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Sally McGough, Deputy County 
Counsel, Sonoma County Counsel's Office, 575 Administration Drive, Room 
105-A, Santa Rosa, CA 95403.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: March 2, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-5120 Filed 3-9-04; 8:45 am]
BILLING CODE 4915-01-P