[Federal Register Volume 71, Number 231 (Friday, December 1, 2006)]
[Notices]
[Page 69608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20244]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34810]


Washington County, OR--Acquisition Exemption--Certain Assets of 
the Union Pacific Railroad Company

    Washington County, OR (County), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire from Union Pacific 
Railroad Company (UP) certain right-of-way and trackage, totaling 
approximately 5 miles, in Washington County. The rail line (the Subject 
Line) extends between milepost 749.95 in Tigard and milepost 755.43 in 
Beaverton.\1\
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    \1\ In STB Finance Docket No. 34791, Tri-County Metropolitan 
Transportation District of Oregon--Acquisition Exemption--Certain 
Assets of Washington County, OR, Tri-County Metropolitan 
Transportation District of Oregon (TriMet) has simultaneously filed 
a verified notice of exemption to acquire County's interests in the 
Subject Line. County and TriMet have also filed a joint motion to 
dismiss their notices on jurisdictional grounds. That request will 
be handled in a separate Board decision.
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    County certifies that its projected annual revenues as a result of 
the transaction will not exceed those that would qualify it as a Class 
III rail carrier. The parties state that they intended to consummate 
this transaction on or before November 27, 2006. Whether or not the 
parties will be able to consummate by that date depends upon receipt of 
favorable Board action on several related requests.
    County states that it will acquire UP's right, title and interest 
in the right-of-way, trackage and other physical assets associated with 
the Subject Line, but will not acquire the right or obligation to 
conduct any rail freight operations thereon. UP will retain an 
exclusive, permanent easement for freight operations, but will transfer 
the easement to Portland & Western Railroad, Inc. (P&W), which will 
conduct freight operations on the Subject Line.\2\
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    \2\ P&W currently provides freight rail service on the Subject 
Line pursuant to a lease with UP. On October 27, 2006, P&W filed a 
notice to acquire UP's easement. STB Finance Docket No. 34792, 
Portland & Western Railroad, Inc.--Acquisition and Operation 
Exemption--Union Pacific Railroad Company.
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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. 34791, 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 Janie Sheng, 1601 K Street, 
NW., Washington, DC 20006.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 22, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-20244 Filed 11-30-06; 8:45 am]
BILLING CODE 4915-01-P