[Federal Register Volume 75, Number 53 (Friday, March 19, 2010)]
[Notices]
[Page 13332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6037]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35358]


Regional Transportation District--Acquisition Exemption--BNSF 
Railway Company in Jefferson County, CO

    Regional Transportation District (RTD),\1\ has filed a verified 
notice of exemption under 49 CFR 1150.41 to acquire from BNSF Railway 
Company (BNSF) a segment of the property, approximately 9.55 miles in 
length, known as the Golden Subdivision in Jefferson County, CO, 
extending from milepost 6.3, in Utah Junction, CO, to the end of the 
line at approximately milepost 15.85, in Golden, CO. RTD will acquire 
the Golden Subdivision in two separate but contiguous segments, 
including: (1) The Gold Corridor East portion between milepost 6.3 and 
milepost 10.83; and (2) the Gold Corridor West portion between milepost 
10.83 and milepost 15.85.\2\ According to RTD, BNSF will retain an 
exclusive freight easement for the trackage on the Golden Subdivision, 
and BNSF will retain the exclusive right to operate freight service on 
the entire line.
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    \1\ RTD is a political subdivision of the State of Colorado.
    \2\ RTD will also acquire an easement over a portion of BNSF's 
Front Range Subdivision from milepost 0 to approximately milepost 
6.3, for the operation of passenger commuter rail service. RTD 
states BNSF will retain its fee interest in the Front Range 
Subdivision and will continue its existing freight operations on 
that line.
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    RTD states that RTD and BNSF anticipate that they will execute 
three agreements in conjunction with this transaction before 
consummating the transaction on or about April 5, 2010, after the April 
4, 2010 effective date of this exemption (30 days after the exemption 
was filed). These agreements include: (a) Purchase and Sale Agreement; 
(b) Relocation and Construction Agreement; and (c) Joint Corridor Use 
Agreement. According to RTD, it will acquire no right or obligation to 
provide freight rail service on the Golden Subdivision, and it is 
acquiring the property for the purpose of providing intrastate 
passenger commuter rail operations.\3\ RTD certifies that, because it 
will conduct no freight operations on the line segments being acquired, 
its annual revenues from freight operations as a result of this 
transaction will not result in the creation of a Class I or Class II 
rail carrier.
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    \3\ RTD states that it will separately file a motion to dismiss 
this notice of exemption because it avers that it will not become a 
rail carrier providing transportation subject to Board jurisdiction.
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    If the 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 does not automatically stay the transaction. Petitions for stay 
must be filed no later than March 26, 2010 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35358, 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 Charles A. Spitulnik, 1001 
Connecticut Avenue, NW., Suite 800, Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: March 15, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-6037 Filed 3-18-10; 8:45 am]
BILLING CODE 4915-01-P