[Federal Register Volume 77, Number 226 (Friday, November 23, 2012)]
[Notices]
[Pages 70206-70207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28391]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35692]
Eastside Community Rail, LLC; Acquisition and Operation
Exemption; GNP RLY, Inc.
Eastside Community Rail, LLC (ECR), a noncarrier, has filed a
verified notice of exemption under 49 CFR 1150.31 to acquire, pursuant
to an Asset Purchase Agreement dated September 5, 2012,
[[Page 70207]]
between ECR and the Bankruptcy Trustee for GNP RLY, Inc. (GNP), all of
GNP's assets, lease and operating rights including, inter alia, all
assets and operating agreements pertaining to a line of railroad (the
Line) \1\ between approximately milepost 23.8 southwest of Woodinville
and approximately milepost 38.25 in Snohomish, a distance of 14.45
miles, in King and Snohomish Counties, Wash.\2\
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\1\ Those rights encompass all of GNP's assets and operating
agreements pertaining to the Line, including, but not limited to,
the following: All of GNP's rights and interests under the Railroad
Right-of-Way License between Port of Seattle and GNP, dated on or
about December 18, 2009; all of GNP's rights and interests under the
Operations Maintenance Agreement between the Port of Seattle and
GNP, dated on or about December 18, 2009; all of GNP's rights and
interests under the Running Rights and Railway Operations Agreement
dated May 23, 2008 between GNP and Snohomish County; all of GNP's
rights and interests in all real property and easements described in
Quit Claim Deeds recorded under Snohomish County AF 20091218001535,
20091218001536, 20091218001537, 20091218001538, 20091218001539,
20091218001540 and King County AF 200912201438 and 20091220439; and
all car hire agreements and interchange agreements.
\2\ The Line previously was owned by BNSF Railway Company
(BNSF). GNP was granted authority to acquire from BNSF an exclusive
freight rail operating easement for operations on the Line in GNP
Rly Inc.--Acquisition & Operation Exemption--BNSF Railway, FD 35213
(STB served Feb. 13, 2009). In 2011, GNP filed for bankruptcy in the
United States Bankruptcy Court for the Western District of
Washington.
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ECR states that, pending the closing of the transaction, ECR and
Ballard Terminal Railroad Company (Ballard) entered into an Interim
Operating Agreement with the Bankruptcy Trustee of GNP in which ECR
will manage the assets of GNP and Ballard will continue to operate the
Line in the same fashion that it did while operating the Line for
GNP.\3\
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\3\ GNP indicates that Ballard has been operating the Line for
several years as an agent of GNP. ECR states that it will be a non-
operating common carrier on the Line, and that, once ECR acquires
the Line, it will either sublease rights on the Line to Ballard or
utilize Ballard as its agent for rail operations on the Line.
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ECR states that it plans to consummate the transaction on or after
December 8, 2012. Unless stayed, the effective date of the exemption
will be December 7, 2012 (30 days after the verified notice was filed).
ECR certifies that its projected annual revenues as a result of
this transaction will not exceed $5 million and will not result in the
creation of a Class II or Class I rail carrier.
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 November 30,
2012 (at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35692, 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 Myles L. Tobin, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
Board decisions and notices are available on our Web site at
``www.stb.dot.gov.''
Decided: November 19, 2012.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-28391 Filed 11-21-12; 8:45 am]
BILLING CODE 4915-01-P