[Federal Register Volume 73, Number 120 (Friday, June 20, 2008)]
[Notices]
[Page 35202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13806]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35128]


The Port of Seattle--Acquisition Exemption--Certain Assets of 
BNSF Railway Company

    The Port of Seattle (the Port), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 \1\ to acquire from BNSF 
Railway Company (BNSF) approximately 14.45 miles of rail line (the 
Line), including right-of-way, track, and other property and physical 
assets, extending between approximately milepost 23.80 (north of 
Woodinville) and approximately milepost 38.25 (Snohomish), in King 
County and Snohomish County, WA.\2\
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    \1\ This notice was initially submitted on May 28, 2008, but was 
not docketed until June 4, 2008, when the filing fee was submitted. 
Because the notice could not be processed until the Board received 
the filing fee, June 4, 2008, is the official filing date.
    \2\ The Port will also acquire from BNSF the right-of-way, 
track, and other property and physical assets between the southern 
endpoint of the Line at milepost 23.8 and milepost 23.45 together 
with the Redmond Spur, which connects with the Line at milepost 
23.80 and extends between milepost 0.00 and milepost 7.30 in 
Redmond, WA. Pursuant to a separate agreement, BNSF will donate to 
the Port the right-of-way, track, and other property and physical 
assets of the line that extends between milepost 23.45 and milepost 
5.00 in Renton, WA. BNSF will file for Board approval or an 
exemption to abandon these rights-of-way and track before selling/
donating them to the Port.
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    The Port states that it will not operate the Line but is acquiring 
it to preserve the Line as a rail and transportation corridor. BNSF, 
according to the Port, will retain an exclusive, permanent easement to 
conduct freight operations on the Line. Simultaneously with the closing 
of the transaction, BNSF will convey the easement to a third party 
operator which will secure separate Board approval or an exemption to 
conduct freight common carrier service on the Line.\3\
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    \3\ In the same docket, the Port simultaneously filed a motion 
to dismiss its verified notice of exemption on jurisdictional 
grounds. That request will be considered in a separate Board 
decision.
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    Stating that it will not conduct any freight operations on the 
Line, the Port 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 Port states that it plans to consummate the 
acquisition of the Line on or after September 30, 2008. The exemption 
is scheduled to become effective on July 4, 2008 (30 days after the 
exemption was deemed to have been filed).
    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 
transaction. Petitions for stay will be due no later than June 27, 2007 
(at least 7 days before the effective date of the exemption).
    An original and 10 copies of all pleadings referring to STB Finance 
Docket No. 35128 must be filed with the Surface Transportation Board, 
395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of 
each pleading must be served on Kevin M. Sheys, 1601 K Street, NW., 
Washington, DC 2006.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: June 11, 2008.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-13806 Filed 6-19-08; 8:45 am]
BILLING CODE 4915-01-P