Regional Transportation District-Acquisition Exemption-Union Pacific Railroad Company in Adams, Denver, and Jefferson Counties, CO, 51519-51520 [2010-20701]
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Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Notices
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17:19 Aug 19, 2010
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sroberts on DSKD5P82C1PROD with NOTICES
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Jkt 220001
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51519
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[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.
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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 https://
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.
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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
https://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: https://www.regulations.gov.
Note that comments received will be
posted without change to: https://
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
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 https://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
