[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Notices]
[Pages 24811-24812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09978]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35812]


Central Puget Sound Regional Transit Authority--Acquisition 
Exemption--Certain Assets of City of Tacoma in Pierce County, Wash.

    The Central Puget Sound Regional Transit Authority (Sound Transit), 
a noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire from the City of Tacoma the physical assets and 
right-of-way of an approximately one-mile segment of the rail line 
commonly known as the Mountain Division, approximately located between 
milepost 1.0, at the BNSF Railway Company mainline near the Port of 
Tacoma, and milepost 1.99, at East D Street in the City of Tacoma, 
Pierce County, Wash. (the Tacoma Dome Segment). According to Sound 
Transit, the City of Tacoma, through its Department of Public 
Utilities, d/b/a Tacoma Rail, operates rail service over the Tacoma 
Dome Segment pursuant to an operating agreement with the General 
Government of the City of Tacoma, another subdivision of the city that 
owns the real property and physical assets comprising the Tacoma Dome 
Segment. Sound Transit states that, under the proposed transaction, it 
would not acquire any right or obligation to provide freight service on 
the Tacoma Dome Segment and that Tacoma Rail would retain the 
exclusive, permanent right to operate freight service on the Tacoma 
Dome Segment to all existing and new customers, even after Sound 
Transit acquires the Tacoma Dome Segment.\1\
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    \1\ A motion to dismiss the notice of exemption on grounds that 
the transaction does not require authorization from the Board was 
concurrently filed with this notice of exemption. The motion to 
dismiss will be addressed in a subsequent Board decision.
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    Sound Transit states that it is in the final stage of negotiating a 
Purchase and Sale Agreement and Joint Use Agreement for the Tacoma Dome 
Segment with the City of Tacoma. According to Sound Transit, it is 
acquiring the Tacoma Dome Segment for the purpose of providing wholly 
intrastate passenger commuter rail operations and would not acquire any 
freight operating rights. Sound Transit also states that no interchange 
agreements, and no limitation on any future interchange agreements, are 
being imposed in connection with the proposed transaction.
    Sound Transit certifies that, because it will conduct no freight 
operations on the line segment being acquired, its revenues from 
freight operations will not result in the creation of a Class I or 
Class II carrier.
    Sound Transit states that it expects to consummate the proposed 
transaction on or as soon as practicable after the effective date of 
the exemption, May 15, 2014 (30 days after the exemption is 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 to stay must be filed no later than May 8, 2014 
(at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35812, 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 
www.stb.dot.gov.

    Decided: April 28, 2014.


[[Page 24812]]


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-09978 Filed 4-30-14; 8:45 am]
BILLING CODE 4915-01-P