[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