[Federal Register Volume 70, Number 185 (Monday, September 26, 2005)]
[Notices]
[Pages 56208-56209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18944]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34747]
Central Puget Sound Regional Transit Authority--Acquisition
Exemption--BNSF Railway Company
The Central Puget Sound Regional Transit Authority (Sound Transit),
a noncarrier, has filed a verified notice of exemption under 49 CFR
1150.31 to acquire from BNSF Railway Company (BNSF) two lines of
railroad, totaling approximately 22.35 miles on the Lakeview
Subdivision located in Pierce County, WA. The rail lines are as
follows: (1) The Lakeview North Segment, between milepost 2.15 in
Tacoma and milepost 8.9 in Lakeview, and (2) the Lakeview South
Segment, between milepost 8.9 in Lakeview and milepost 24.5 in
Nisqually.
At the time of filing of the verified notice, Sound Transit and
BNSF had
[[Page 56209]]
executed purchase and sale agreements with respect to both segments.
Sound Transit explains that it acquired the Lakeview North Segment on
September 28, 2004,\1\ and that it plans to acquire the Lakeview South
Segment on September 28, 2005. Sound Transit states that, pursuant to
the purchase and sale agreements, BNSF initially retained an exclusive
freight easement with respect to operation of freight trains on the two
line segments. It adds, however, that BNSF subsequently transferred its
freight common carrier easement with respect to both segments to the
City of Tacoma, WA, d/b/a Tacoma Rail, subject to retained trackage
rights along a portion of the line it conveyed to the City. City of
Tacoma, Department of Public Utilities, Beltline Division, d/b/a Tacoma
Rail or Tacoma Municipal Beltline or TMBL--Acquisition and Operation
Exemption--Lakeview Subdivision, Quadlok-St. Clair and Belmore-Olympia
Rail Lines in Pierce and Thurston Counties, WA, STB Finance Docket No.
34555 (STB served Oct. 19, 2004). Sound Transit indicates that it is
acquiring the two line segments for the purpose of providing wholly
intrastate commuter rail passenger operations, and that it will not be
providing rail freight service over the lines.\2\
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\1\ Sound Transit should have sought acquisition authority
(accompanied by any motion to dismiss it wished to file) for the
Lakeview North Segment when it acquired it in September 2004. Sound
Transit is cautioned in the future to seek authority at the time of
the transaction.
\2\ For these reasons, Sound Transit has simultaneously filed a
motion to dismiss the notice of exemption in this proceeding. The
motion will be addressed in a subsequent Board decision.
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If the notice contains false or misleading information, the
exemption is void ab initio. 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.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 34747, must be filed with the Surface Transportation
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on Charles A. Spitulnik, McLeod,
Watkinson & Miller, One Massachusetts Avenue, NW., Suite 800,
Washington, DC 20001.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov.
Decided: September 16, 2005.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-18944 Filed 9-23-05; 8:45 am]
BILLING CODE 4915-01-P