[Federal Register Volume 74, Number 29 (Friday, February 13, 2009)]
[Notices]
[Pages 7281-7282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3002]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35213]


GNP Rly Inc.--Acquisition and Operation Exemption--BNSF Railway 
Company

    GNP Rly Inc. (GNP), a Class III rail carrier,\1\ has filed a notice 
of exemption under 49 CRF 1150.41 to acquire and operate the exclusive 
freight rail easement (the easement) of BNSF Railway Company (BNSF) on 
a rail line known as Woodinville Subdivision, extending between 
approximately milepost 23.80 in Woodinville and approximately milepost 
38.25 in Snohomish, a distance of approximately 14.45 miles in King and 
Snohomish counties, WA (the Line). GNP has negotiated two agreements 
with BNSF, one covering the purchase of the easement and the other for 
interchange with BNSF, to be signed upon the closing of the purchase of 
the Line's

[[Page 7282]]

right-of-way, track, and physical assets by the Port of Seattle (the 
Port).\2\
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    \1\ GNP received authority to lease and operate a segment of 
rail line between milepost 39.1 and milepost 39.3 in the City and 
County of Snohomish, WA, in GNP Rly Inc.--Modified Rail 
Certificate--in Snohomish County, WA, STB Finance Docket No. 35151 
(STB served Aug. 13, 2008).
    \2\ See The Port of Seattle--Acquisition Exemption--Certain 
Assets of BNSF Railway Company, STB Finance Docket No. 35128 (STB 
served Oct. 27, 2008) (dismissing a notice of exemption by the Port 
to acquire the right-of-way, track, and physical assets of the Line, 
on which BNSF retained the exclusive easement to conduct freight 
operations, because the Board found that the transaction did not 
require Board approval).
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    GNP certifies that its projected annual revenues as a result of 
this transaction will not result in GNP's becoming a Class II or Class 
I rail carrier and will be less than $5 million.
    GNP states that it expects to consummate the transaction on or 
after April 1, 2009. The earliest this transaction may be consummated 
is the February 28, 2009 effective date of the exemption (30 days after 
the exemption was filed).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, section 193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: Collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions 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. Petitions for stay must be filed no later than February 20, 
2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35213, 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 John D. Heffner, PLLC, 1750 K 
Street, NW., Suite 200, Washington, DC 20006.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: February 6, 2009.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E9-3002 Filed 2-11-09; 8:45 am]
BILLING CODE 4915-01-P