[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Notices]
[Pages 23331-23332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09218]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35730]


Ballard Terminal Railroad Company, L.L.C.--Lease Exemption--Line 
of Eastside Community Rail, LLC

    Ballard Terminal Railroad Company, L.L.C. (Ballard), a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to lease from Eastside Community Rail, LLC (ECRR) and to 
operate a 14.45-mile line of railroad between milepost 23.8 in 
Woodinville, Wash., and milepost 38.25 in Snohomish, Wash. (the 
Line).\1\ Ballard states that it currently operates the Line under an 
agency relationship/interim operating agreement with ECRR.
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    \1\ Concurrently with the verified notice of exemption, Ballard 
submitted two petitions concerning an adjacent segment between 
milepost 23.8 in Woodinville and milepost 12.6 in Bellevue, Wash. 
(the adjacent segment), currently owned by the City of Kirkland and 
the Port of Seattle in King County, Wash. Specifically, in Docket 
No. AB 6 (Sub-No. 465X), Ballard asks the Board to partially vacate 
the Notice of Interim Trail Use or Abandonment (NITU) issued by the 
Board for the adjacent segment in BNSF Railway Co.--Abandonment 
Exemption--In King County, Wash., AB 6 (Sub-No. 465X) (STB served 
Nov. 28, 2008). Also, in Docket No. FD 35731, Ballard has filed a 
petition for exemption pursuant to 49 U.S.C. 10502 to acquire the 
residual common carrier rights and obligations, including the right 
to reinstitute rail service, over the adjacent segment. Ballard 
seeks to acquire the physical trackage assets of the adjacent 
segment and to resume providing common carrier rail service over 
this trackage. These filings will be addressed by the Board in 
subsequent decisions.
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    Ballard has certified that its projected annual revenue as a result 
of this transaction will not result in Ballard's becoming a Class II or 
Class I rail carrier, and that its projected annual revenue will not 
exceed $5 million.
    The transaction is expected to be consummated on or after May 2, 
2013, the effective date of the exemption (30 days after the notice of 
exemption was filed).
    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 by April 25, 2013 (at least 
seven days before the exemption becomes effective).

[[Page 23332]]

    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35730, 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 Myles L. Tobin, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: April 12, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-09218 Filed 4-17-13; 8:45 am]
BILLING CODE 4915-01-P