[Federal Register Volume 71, Number 6 (Tuesday, January 10, 2006)]
[Notices]
[Page 1584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-189]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34793]


New Mexico Department of Transportation--Acquisition Exemption--
Certain Assets of the BNSF Railway Company

    New Mexico Department of Transportation (NMDOT), an agency of the 
State of New Mexico and a noncarrier, has filed a verified notice of 
exemption under 49 CFR 1150.31 to acquire from the BNSF Railway Company 
(BNSF) certain right-of-way and trackage, totaling approximately 297.1 
miles in Valencia, Bernalillo, Sandoval, Santa Fe, San Miguel, Mora, 
and Colfax Counties, NM, and Las Animas County, CO. The rail line 
extends between milepost 932.1 in Belen, NM, on BNSF's El Paso 
Subdivision and milepost 635.0 in Trinidad, CO, on BNSF's Raton 
Subdivision.
    NMDOT states that, pursuant to a purchase and sale agreement 
between the parties, BNSF will in three separate phases convey to NMDOT 
the right-of-way, track, and other real property and assets associated 
with the line, subject to BNSF's retention of a permanent, exclusive 
freight railroad operating easement. NMDOT indicates that it will not 
acquire the right or obligation to provide freight rail service on the 
line.\1\ According to NMDOT, the parties plan to close on the first 
phase of the transaction on January 17, 2006.
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    \1\ For these reasons, NMDOT 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. 34793, 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 Kevin M. Sheys, Kirkpatrick & 
Lockhart Nicholson Graham LLP, 1800 Massachusetts Ave., NW., 
Washington, DC 20036.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: January 4, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-189 Filed 1-9-06; 8:45 am]
BILLING CODE 4915-01-P