Regional Transportation District-Acquisition Exemption-Union Pacific Railroad Company in Adams, Denver, and Jefferson Counties, CO, 51519-51520 [2010-20701]

Download as PDF Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Notices Pelcovits, Pamela Quade III, William A. Shelton, Terry Tochen, David Van Steenburg, John W. Barry, Timothy M. Calvaresi Barr, Ann Come, Joseph W. Dailey, Susan Dettelbach, Brian A. Dixon, Lou Hampton, Matthew E. Leng, Rebecca C. Millman, Rosalyn Office of Inspector General Coronel, Kim Haley, Michael T. Leeds, Jr., John G. Logue, Michael Nissenbaum, Paul Pritchard, Edward W. Rae, Karen J. Reid, Margaret Bridge Strang, Jo E. Tessler, Mark Yachmetz, Mark E. Biehl, Scott A. Borinsky, Susan C. Hynes-Cherin, Brigid Lindsey, Seth M. Linnertz, Ann M. Patrick, Robert C. Rogers, Leslie T. Schruth, Susan E. Simon, Marisol Taylor, Yvette Thompson, Letitia Tuccillo, Robert Valdes, Vincent Welbes, Matthew Maritime Administration Bohnert, Roger Brohl, Helen Byrne, Joseph Andrew Caponiti, James Ewen, Paula D. Kumar, Sashi Lesnick, H. Keith McMahon, Christopher J. 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Pennington, Rebecca Saul, Roger 17:19 Aug 19, 2010 Allesandrino, Matthew (Department of Energy) Delgado, Michael (Department of the Treasury) Ellis, Karen (Department of Agriculture) Hardsgrove, Steve (Department of the Interior) Hartman, John (Department of Energy) Heist, Melissa (Environmental Protection Agency) O’Brien, Regina (General Services Administration) Rish, Adrienne (U.S. Agency for International Development) Taylor, Robert (Department of the Treasury) Young, Robert (Department of Agriculture) Wagner, Ben (Tennessee Valley Authority) Office of the Secretary National Highway Traffic Safety Administration VerDate Mar<15>2010 Pipeline and Hazardous Materials Safety Administration Office of Inspector General (Not Department of Transportation Employees) Federal Transit Administration sroberts on DSKD5P82C1PROD with NOTICES Streitmatter, Marlise Szabat, Joel M. Thomson, Kathryn B. Washington, Keith Washington, Linda J. Wells, John Ziff, Laura Zuckman, Jill Simons, James F. Smith, Daniel C. Walter, Gregory A. Wood, Stephen Federal Railroad Administration Jkt 220001 DeBoer, Joan DeCarme, David G. Eisner, Neil Fields, George Fornarotto, Christa Forsgren, Janet Geier, Paul Gretch, Paul L. Herlihy, Thomas W. Homan, Todd Horn, Donald Hurdle, Lana Jackson, Ronald Jones, Mary N. Jones, Maureen A. Kaleta, Judith Knapp, Rosalind Lawson, Linda Leusch Carnaroli, Herbert Lowder, Michael W. McDermott, Susan Mowry, Nancy A. Neal, Brandon Osborne, Elizabeth Park, Laurie Petrosino-Woolverton, Marie Podberesky, Samuel Schmidt, Robert T. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 51519 Douglass, Madonna C. El-Sibaie, Magdy A. Richard, Robert A. Summitt, Monica J. Wiese, Jeffrey D. Research and Innovative Technology Administration Brecht-Clark, Jan Chang, William Dillingham, Steven Smith, Steven K. Tompkins, Curtis Saint Lawrence Seaway Development Corporation Middlebrook, Craig H. Pisani, Salvatore L. Safety Transportation Board Campbell, Rachel D. Dettmar, Joseph Gardner, Leland Keats, Craig Wallen, Matthew [FR Doc. 2010–20670 Filed 8–19–10; 8:45 am] BILLING CODE 4910–9X–P 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 1 RTD is a political subdivision of the State of Colorado. E:\FR\FM\20AUN1.SGM 20AUN1 51520 Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Notices sroberts on DSKD5P82C1PROD with NOTICES 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. 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 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. 3 Addendum C addresses RTD’s acquisition of the East Corridor segment. Addendum D addresses RTD’s acquisition of the Gold Line Segment. VerDate Mar<15>2010 17:19 Aug 19, 2010 Jkt 220001 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. 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 DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2010–0178 (Notice No. 10–3)] Information Collection Activities Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, SUMMARY: 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. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 PHMSA invites comments on certain information collections pertaining to hazardous materials transportation for which PHMSA intends to request renewal from the Office of Management and Budget (OMB). DATES: Interested persons are invited to submit comments on or before October 19, 2010. ADDRESSES: You may submit comments identified by the docket number (PHMSA–2009–0409) by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12– 140, Routing Symbol M–30, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: To Docket Operations, Room W12–140 on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must include the agency name and docket number or Regulation Identification Number (RIN) for this notice. Internet users may access comments received by DOT at: http://www.regulations.gov. Note that comments received will be posted without change to: http:// www.regulations.gov including any personal information provided. Requests for a copy of an information collection should be directed to Deborah Boothe or Steven Andrews, Office of Hazardous Materials Standards (PHH– 10), Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue, SE., East Building, 2nd Floor, Washington, DC 20590–0001, Telephone (202) 366–8553. FOR FURTHER INFORMATION CONTACT: Deborah Boothe or Steven Andrews, Office of Hazardous Materials Standards (PHH–10), Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue, SE., East Building, 2nd Floor, Washington, DC 20590–0001, Telephone (202) 366–8553. SUPPLEMENTARY INFORMATION: Section 1320.8(d), Title 5, Code of Federal Regulations requires PHMSA to provide interested members of the public and affected agencies an opportunity to comment on information collection and recordkeeping requests. This notice identifies information collection requests that PHMSA will be submitting to OMB for renewal and extension. E:\FR\FM\20AUN1.SGM 20AUN1

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[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Notices]
[Pages 51519-51520]
From the Federal Register Online via the Government Printing 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