[Federal Register Volume 74, Number 68 (Friday, April 10, 2009)]
[Notices]
[Pages 16438-16439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8076]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35225]


San Benito Railroad LLC--Acquisition Exemption--Certain Assets of 
Union Pacific Railroad Company

    San Benito Railroad, LLC (San Benito), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire from Union 
Pacific Railroad Company (UP) certain railroad assets, including 
approximately 12.43 miles of rail line extending between approximately 
milepost 0.07 and approximately milepost 12.50 in the county of San 
Benito, CA.\1\ According to

[[Page 16439]]

a map provided by San Benito, the line extends from near Hollister to 
near Carnardero.
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    \1\ In the transaction, UP does not transfer to San Benito the 
right or obligation to conduct common carrier freight operations. UP 
currently conducts and will continue to conduct common carrier 
freight operations over the rail line, retaining an exclusive and 
perpetual freight operating easement.
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    The transaction is scheduled to take place in June 2009 or later 
(after the April 26, 2009 effective date of the exemption).
    If the notice contains false or misleading information, the 
exemption is void ab initio.\2\ 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 must be filed no later than April 17, 
2009 (at least 7 days before the exemption becomes effective).
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    \2\ A motion to dismiss has been filed in this proceeding. The 
motion will be addressed in a subsequent Board decision.
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    An original and 10 copies of all pleading, referring to STB Finance 
Docket No. 35225, 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 Janie Shang, K&L Gates LLP, 1601 K 
Street, NW., Washington, DC 20006.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 6, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
 [FR Doc. E9-8076 Filed 4-9-09; 8:45 am]
BILLING CODE 4915-01-P