Federal Register, Volume 75 Issue 161 (Friday, August 20, 2010)

[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Notices]
[Pages 51519-51520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20701]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35394]


Regional Transportation District--Acquisition Exemption--Union 
Pacific Railroad Company in Adams, Denver, and Jefferson Counties, CO

    Regional Transportation District (RTD) \1\ has filed a verified 
notice of exemption under 49 CFR 1150.41 to acquire from Union Pacific 
Railroad Company (UP) the physical assets and associated rights of way 
comprising an approximately 40-foot wide segment of each of 2 rail 
lines totalling approximately 11.18 miles: (1) A portion of the Limon 
Subdivision extending approximately 8.96 miles, from milepost 628.50, 
in Adams County, CO., to milepost 637.46 in the City and County of 
Denver, Colo. (the East Corridor Segment); and (2) a portion of the 
Moffat Tunnel Subdivision

[[Page 51520]]

extending approximately 2.22 miles, from milepost 4.28, in the City and 
County of Denver, to milepost 6.50 in Jefferson County, Colo. (the Gold 
Line Segment).\2\ RTD states that, on both segments, UP will retain the 
remaining rights-of-way not acquired by RTD. According to RTD, on the 
East Corridor Segment, RTD will relocate UP's existing track both to 
enable UP to provide uninterrupted freight service and to accommodate 
the construction and operation of RTD's facilities. RTD states that, on 
the Gold Line Segment, UP will retain the tracks on which it currently 
operates. RTD also states that UP will retain the exclusive right to 
operate freight service on both the East Corridor Segment and the Gold 
Line Segment.
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    \1\ RTD is a political subdivision of the State of Colorado.
    \2\ RTD states that it will also acquire UP's interest in 
discrete parcels not integral to UP's existing freight operations at 
5 locations along UP's Limon, Greeley, and Moffat Tunnel 
Subdivisions for access, private roadway crossings, and similar 
purposes ancillary to RTD's use of the lines. In addition, UP will 
grant RTD 4 aerial easements over UP's lines for rail or pedestrian 
flyovers. RTD and UP are also concluding the negotiation of an 
exchange of property to accommodate the relocation of UP's lead 
accessing its Burnham Shop in the City and County of Denver.
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    On June 25, 2009, RTD and UP executed the FasTracks Project 
Property Transfer and Railroad Relocation Agreement (Transfer 
Agreement), which provides a framework for a series of transactions 
through which RTD is acquiring rail corridors, yard track, and other 
property from UP. Prior to consummating the acquisition, RTD states 
that RTD and UP intend to execute 4 additional agreements in 
conjunction with this transaction. These agreements include: (1) 
Addenda C and D to the Transfer Agreement; \3\ (2) Relocation and 
Construction Agreement; (3) Operations Agreement for the East Corridor 
Segment; and (4) Operations Agreement for the Gold Line Segment. RTD 
states that the parties plan to execute the purchase and sale 
agreements for the transfer of the Gold Line Segment and the East 
Corridor Segment on or about August 4, 2010. RTD also states that RTD 
and UP anticipate that they will consummate the acquisition of the Gold 
Line Segment on or about September 30, 2010, and the acquisition of the 
East Corridor Segment during or after late 2013. Thus, according to 
RTD, the parties will consummate both acquisitions after the September 
3, 2010, effective date of the exemption (30 days after the exemption 
was filed). According to RTD, it will acquire no right or obligation to 
provide freight rail service on the East Corridor Segment or the Gold 
Line Segment, and it is acquiring the property for the purpose of 
providing intrastate passenger commuter rail operations.\4\ 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 II or Class I rail carrier.
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    \3\ Addendum C addresses RTD's acquisition of the East Corridor 
segment. Addendum D addresses RTD's acquisition of the Gold Line 
Segment.
    \4\ RTD has filed a motion to dismiss in this proceeding. It 
avers that it will not become a rail carrier providing 
transportation subject to Board jurisdiction. The motion will be 
addressed in a subsequent decision.
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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 August 27, 2010 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35394, 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, Kaplan Kirsch & 
Rockwell LLP, 1001 Connecticut Avenue, NW., Suite 800, Washington, DC 
20036.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 17, 2010.

    By the Board,
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-20701 Filed 8-19-10; 8:45 am]
BILLING CODE 4915-01-P