[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Notices]
[Pages 46477-46478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21682]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35252]


Regional Transportation District--Acquisition Exemption--Union 
Pacific Railroad Company in Adams, Boulder, Broomfield, and Weld, CO

    Regional Transportation District (RTD),\1\ a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to acquire from 
Union Pacific Railroad Company (UP) approximately 32.97 miles of rail 
line, known as the Boulder Industrial Lead, extending from milepost 0.2 
(north of Denver) to approximately milepost 33.17, including the 
Lakeside Spur (Boulder County), in the Counties of Adams, Boulder, 
Broomfield, and Weld, CO. According to RTD, UP will retain an exclusive 
freight easement for the trackage on the Boulder Industrial Lead, and 
UP 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.
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    RTD states that the transaction was agreed upon on June 25, 2009. 
The earliest this transaction may be consummated is September 23, 2009, 
the effective date of the exemption (30 days after the exemption is 
filed). According to RTD, it will acquire no right or obligation to 
provide freight rail service on the Boulder Industrial Lead, and it is 
acquiring the property for the purpose of providing intrastate 
passenger commuter rail operations. RTD certifies that its projected 
annual revenues as a result of this transaction will not result in the 
creation of a Class II or Class I rail carrier.
    If the notice contains false or misleading information, the 
exemption is void ab initio.\2\ 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 September 16, 2009 (at least 7 days

[[Page 46478]]

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 pleadings, referring to STB 
Finance Docket No. 35252, 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 http://www.stb.dot.gov.

    Decided: September 3, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-21682 Filed 9-8-09; 8:45 am]
BILLING CODE 4915-01-P