[Federal Register Volume 62, Number 176 (Thursday, September 11, 1997)]
[Notices]
[Pages 47870-47871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24155]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33448]


Arizona & California Railroad Company Limited Partnership--
Acquisition and Operation Exemption--The Burlington Northern and Santa 
Fe Railway Company

    Arizona & California Railroad Company Limited Partnership (ARZC), a 
Class III rail common carrier, has filed a notice of exemption under 49 
CFR 1150.41 to acquire and operate approximately 83.5 mainline route 
miles of rail line over two connecting branch lines and a connecting 
spur track from The Burlington Northern and Santa Fe Railway Company 
(BNSF), as follows: (i) The Centralia-Hoquiam Line, which extends from 
milepost 0.6, at or near Centralia, WA, to the western end of the line 
at about milepost 74.1, at or near Hoquiam, WA, including the Horn Spur 
Track, which connects to the Centralia-Hoquiam Line at milepost 72.5 
and extends northward to the end of the track at approximately milepost 
2.0; and (ii) the Elma-Shelton Line, which extends from milepost 0.0, 
at Elma, WA, (connecting to the Centralia-Hoquiam Line at about 
milepost 46.7) northward to the end of BNSF-owned track at milepost 
25.1, at or near Shelton, WA.<SUP>1</SUP>
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    \1\  The Centralia-Hoquiam Line, the Horn Spur Track, and the 
Elma-Shelton Line are collectively referred to as the Subject Lines.
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    In connection with ARZC's acquisition of the Subject Lines, ARZC 
will also acquire incidental trackage rights as follows: (i) BNSF will 
assign its trackage rights to operate over Union Pacific Railroad 
Company (UP) <SUP>2</SUP> from (a) milepost 68.9 to milepost 69.4 and 
(b) milepost 70.3 to 72.0, at and near Aberdeen, WA; (ii) BNSF will 
grant to ARZC incidental trackage rights. for the sole purpose of 
operating overhead rail freight service, that extend from BNSF milepost 
0.6 to BNSF milepost 0.4, at or near Centralia, WA; and (iii) BNSF will 
assign its rights under a December 11, 1994 agreement between its 
predecessor, Northern Pacific Railway Company, and the United States of 
America, pursuant to which BNSF provides service on a government-owned 
line from its connection with the Elma-Shelton Line to Bangor, a 
distance of approximately 44 miles, and a branch line to Bremerton Navy 
Yard, a distance of approximately 4.6 miles.<SUP>3</SUP>
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    \2\  The notice of exemption states that should the assignment 
by BNSF to ARZC of incidental trackage rights over UP's rail line 
require UP's consent, such consent will be obtained.
    \3\  On August 21, 1997, Simpson Timber Company (Simpson) filed 
a petition to stay or revoke the exemption in this proceeding. ARZC 
replied in opposition to Simpson's petition. BNSF also sought leave 
to intervene in the proceeding and submitted a reply in opposition 
to Simpson's petition. Simpson subsequently requested permission to 
withdraw its petition. BNSF is granted permission to intervene and 
Simpson is granted permission to withdraw its petition.
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    The transaction was expected to be consummated on or after August 
29, 1997. The Subject Lines and the incidental trackage rights will be 
operated by an operating division of ARZC, d/b/a Puget Sound & Pacific.
    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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33448, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Jo A. DeRoche, Esq., Weiner, Brodsky, Sidman & Kider, P.C., 
1350 New York Avenue, N.W., Suite 800, Washington, DC 20005-4797.

    Decided: September 4, 1997.


[[Page 47871]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams
Secretary.
[FR Doc. 97-24155 Filed 9-10-97; 8:45 am]
BILLING CODE 4915-00-P