[Federal Register Volume 72, Number 164 (Friday, August 24, 2007)]
[Notices]
[Pages 48729-48730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16475]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35073]


Northwestern Pacific Railroad Company--Change in Operators 
Exemption--North Coast Railroad Authority, Sonoma-Marin Area Transit 
District and Northwestern Pacific Railway Co., LLC

    Northwestern Pacific Railroad Company (NWPCO), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to change 
operators from Northwestern Pacific Railway Co., LLC (NWPY) to NWPCO on 
a line of railroad owned by North Coast Railroad Authority (NCRA) and 
Sonoma-Marin Area Rail Transit District (SMART). The line, entirely 
within California, includes: (1) The Willits Segment extending from NWP 
milepost 142.5 near Outlet Station to NWP milepost 68.22 near 
Healdsburg, a distance of approximately 74.3 miles; (2) the Healdsburg 
Segment extending from NWP milepost 68.2 near Healdsburg to NWP 
milepost 26.96 near Novato, a distance of approximately 41.2 miles; (3) 
the Novato Segment extending from milepost 26.96 near Novato to NWP 
milepost 25.6 near Ignacio, a distance of approximately 1.4 miles; and 
(4) the Lombard Segment extending from NWP milepost 25.6 near Ignacio 
to Lombard Station in Napa County, SP milepost 63.4, a distance of 
approximately 25.3 miles. These segments (``the Line'') total 
approximately 142 miles.\1\ This change

[[Page 48730]]

in operators is exempt under 49 CFR 1150.31(a)(3).\2\
---------------------------------------------------------------------------

    \1\ NCRA acquired the authority to operate the Line pursuant to 
North Coast Railroad Authority--Lease and Operation Exemption--
California Northern Railroad Company, Northwestern Pacific Railroad 
Authority, and Golden Gate Bridge, Highway and Transportation 
District, STB Finance Docket No. 33115 (STB Served Sept. 27, 1996). 
In turn, NCRA contracted its surface freight easement rights on the 
Line to NWPY pursuant to 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). SMART obtained an ownership interest in 
the southern portion of the Line pursuant to Sonoma-Marin Area Rail 
Transit District--Acquisition Exemption--Northwestern Pacific 
Railroad Authority, STB Finance Docket No. 34400 (STB served Mar. 
10, 2004).
    \2\ In order to qualify for a change in operators exemption, an 
applicant must give notice to shippers on the line. See 49 CFR 
1150.32(b). NWPCO has certified that it will give notice of the 
proposed transaction to affected shippers concurrently with the 
filing of this notice of exemption.
---------------------------------------------------------------------------

    NWPCO certifies that upon consummation of the transaction, it will 
become a Class III rail carrier, that its projected revenues as a 
result of this transaction will not exceed those that would qualify it 
as a Class III rail carrier, and that such revenues would not exceed $5 
million annually. NWPCO indicates that it intends to consummate the 
transaction on or after September 8, 2007.\3\ The earliest the 
transaction could be consummated was August 16, 2007 (7 days after the 
exemption was filed).
---------------------------------------------------------------------------

    \3\ This transaction renders moot the notice of exemption filed 
in STB Docket No. 34842, Sonoma-Marin Area Rail Transit District--
Acquisition Exemption--Northwestern Pacific Railroad, which will be 
dismissed in a separate decision.
---------------------------------------------------------------------------

    If the verified 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 
effectiveness of the exemption.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 3073, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 395 E. Street, SW., 
Washington, DC 20523-0001. In addition, a copy of each pleading must be 
served on Douglas H. Bosco, Northwestern Pacific Railroad Company, 37 
Old Courthouse Square, Suite 200, Santa Rosa, CA 95404, and Robert A. 
Wimbish, Baker & Miller, PLLC, 2401 Pennsylvania Avenue, NW., Suite 
300, Washington, DC 20037.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 16, 2007.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-16475 Filed 8-23-07; 8:45 am]
BILLING CODE 4915-01-P