82 FR 59205 - City and County of Denver-Acquisition Exemption-Western Stock Show Association in the City and County of Denver, CO

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 239 (December 14, 2017)

Page Range		59205-59206
FR Document		2017-26969
Federal Register, Volume 82 Issue 239 (Thursday, December 14, 2017)
[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Notices]
[Pages 59205-59206]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26969]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36157]


City and County of Denver--Acquisition Exemption--Western Stock 
Show Association in the City and County of Denver, CO

    The City and County of Denver, Colo. (the City), a political 
subdivision of the State of Colorado and a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire from the 
Western Stock Show Association (WSSA) the real property underlying two 
lines of railroad for a total distance of approximately 1.2 miles in 
the Denver Stockyards in the City (the Lines). The Lines consist of two 
corridors of rail line: (1) The National Western Drive Corridor (NWD 
Corridor), which is adjacent to National Western Drive, from the south 
right-of-way line of East 47th Avenue, extending northeast and then 
north to the northeastern right-of-way line of Race Court; and (2) the 
River Corridor, which is adjacent to the east bank of the South Platte 
River, from the intersection with the NWD Corridor at a point just 
north of that corridor's southern endpoint, extending north and then 
northeast to an intersection with the NWD Corridor just south of Race 
Court.
    The City states that it will acquire no right or obligation to 
provide freight rail service over the Lines.\1\ According to the City, 
although WSSA owns the real property, the Lines are operated by the 
Denver Rock Island Railroad (DRIR), a Class III rail carrier, which 
owns the rail, ties, and ballast over which it conducts its service. 
The City states that DRIR will retain its common carrier rights to 
provide rail service over the Lines and ownership of the rails, ties, 
and track bed, and it will continue its operations on the Lines 
following the City's acquisition of the real property from WSSA.\2\ 
According to the City, DRIR's nonexclusive freight operating easement 
over the Lines will remain in effect, subject to any amendments 
necessary to address the City's acquisition of the underlying real 
property and future improvements to and relocation of the Lines, on 
which the City states it will coordinate with DRIR.\3\ The City states 
that it will at no time have the right to interfere with DRIR's ability 
to fulfill its common carrier freight obligation.
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    \1\ A motion to dismiss the notice of exemption on grounds that 
the transaction does not require authorization from the Board was 
concurrently filed with this notice of exemption. The motion to 
dismiss will be addressed in a subsequent Board decision.
    \2\ The City states that over time a number of railroads have 
operated on the Denver Stockyards. Due to acquisitions and 
consolidations, the City has not been able to confirm that all prior 
operators have either merged into DRIR or the two carriers for which 
the agency has authorized discontinuance of service. However, 
according to the City, for the past two decades DRIR has been the 
only freight rail operator on the Lines. The City states that it 
will pursue further proceedings as appropriate to resolve the status 
of any lingering previously granted common carrier interests.
    \3\ The notice states that following the acquisition, the status 
quo would continue ``with respect to freight rail operations . . . 
and any future alterations to the site [would] be designed to allow 
current operations to continue. Further Board approval would be 
required for DRIR to discontinue or abandon any freight service that 
DRIR currently offers on the line.'' (Notice 6-7.) The concurrently 
filed motion to dismiss states that the ``redevelopment includes the 
proposed consolidation of rail operations on a single corridor.'' 
(Mot. 5.) This notice should not be construed as approving, or 
indicating whether Board approval would be required for, any 
consolidation of track associated with the redevelopment.
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    The City explains that it is acquiring the property to implement a 
comprehensive redevelopment plan of the Denver Stockyards to: (a) 
Provide improved facilities for Denver's annual National Western Stock 
Show and Rodeo; (b) develop, in conjunction with Colorado State 
University (CSU), an equine sport medicine facility and stock animal 
research complex; (c) create additional mixed-use facilities, and (d) 
establish a public park. In connection with the real property 
acquisition and development project, the City states that the City, 
WSSA, and CSU entered into a Framework Agreement. As part of the 
agreement, the parties entered into a Real Property Conveyance 
Agreement that will govern the transfers of real property including the 
real property associated with the Lines.
    The City certifies that, because it will not conduct any rail 
carrier operations on the Line, its projected revenues from freight 
operations will not result in the creation of a Class I or Class II 
carrier.
    The City states that it expects to consummate the proposed 
transaction in approximately the second quarter of 2018. The earliest 
this transaction may be consummated is December 28, 2017, the effective 
date of the exemption (30 days after the verified notice of exemption 
was filed).
    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 will not automatically stay the effectiveness of the exemption. 
Petitions for stay must be filed no later than December 21, 2017 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36157, 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 Ave. NW, Suite 800, Washington, DC 
20036.
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: December 11, 2017.


[[Page 59206]]


    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-26969 Filed 12-13-17; 8:45 am]
BILLING CODE 4915-01-P
Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Notices 59205

generalizations will be made, the Denver Stockyards in the City (the time have the right to interfere with
sampling frame, the sample design Lines). The Lines consist of two DRIR’s ability to fulfill its common
(including stratification and clustering), corridors of rail line: (1) The National carrier freight obligation.
the precision requirements or power Western Drive Corridor (NWD Corridor), The City explains that it is acquiring
calculations that justify the proposed which is adjacent to National Western the property to implement a
sample size, the expected response rate, Drive, from the south right-of-way line
comprehensive redevelopment plan of
methods for assessing potential non- of East 47th Avenue, extending
the Denver Stockyards to: (a) Provide
response bias, the protocols for data northeast and then north to the
improved facilities for Denver’s annual
collection, and any testing procedures northeastern right-of-way line of Race
Court; and (2) the River Corridor, which National Western Stock Show and
that were or will be undertaken prior
is adjacent to the east bank of the South Rodeo; (b) develop, in conjunction with
fielding the study. Depending on the
Platte River, from the intersection with Colorado State University (CSU), an
degree of influence the results are likely
the NWD Corridor at a point just north equine sport medicine facility and stock
to have, such collections may still be
of that corridor’s southern endpoint, animal research complex; (c) create
eligible for submission for other generic
mechanisms that are designed to yield extending north and then northeast to additional mixed-use facilities, and (d)
quantitative results. an intersection with the NWD Corridor establish a public park. In connection
The Agency did not receive any just south of Race Court. with the real property acquisition and
comments in response to the 60-day The City states that it will acquire no development project, the City states that
public comment notice published in the right or obligation to provide freight rail the City, WSSA, and CSU entered into
Federal Register on September 26, 2017, service over the Lines.1 According to the a Framework Agreement. As part of the
at 82 FR 44865. City, although WSSA owns the real agreement, the parties entered into a
Below we provide the SBA’s projected property, the Lines are operated by the Real Property Conveyance Agreement
average annual estimates for the next Denver Rock Island Railroad (DRIR), a that will govern the transfers of real
three years: Class III rail carrier, which owns the property including the real property
Current Actions: New collection of rail, ties, and ballast over which it associated with the Lines.
information. conducts its service. The City states that The City certifies that, because it will
Type of Review: New Collection. DRIR will retain its common carrier not conduct any rail carrier operations
Affected Public: Individuals and rights to provide rail service over the
on the Line, its projected revenues from
Households, Businesses and Lines and ownership of the rails, ties,
freight operations will not result in the
Organizations, State, Local or Tribal and track bed, and it will continue its
creation of a Class I or Class II carrier.
Government. operations on the Lines following the
Average Expected Annual Number of City’s acquisition of the real property The City states that it expects to
Activities: 20 Estimated Annual from WSSA.2 According to the City, consummate the proposed transaction
Respondents: 7,500. DRIR’s nonexclusive freight operating in approximately the second quarter of
Estimated Annual responses: 7,500. easement over the Lines will remain in 2018. The earliest this transaction may
Frequency of Response: Once per effect, subject to any amendments be consummated is December 28, 2017,
request; on occasion. necessary to address the City’s the effective date of the exemption (30
Average Minutes per Response: 38 acquisition of the underlying real days after the verified notice of
minutes. property and future improvements to exemption was filed).
Burden Hours: 2690. and relocation of the Lines, on which If the notice contains false or
An agency may not conduct or the City states it will coordinate with misleading information, the exemption
sponsor, and a person is not required to DRIR.3 The City states that it will at no
is void ab initio. Petitions to revoke the
respond to, a collection of information
exemption under 49 U.S.C. 10502(d)
unless it displays a currently valid OMB 1 A motion to dismiss the notice of exemption on

grounds that the transaction does not require may be filed at any time. The filing of
Control Number.
authorization from the Board was concurrently filed a petition to revoke will not
Curtis B. Rich, with this notice of exemption. The motion to automatically stay the effectiveness of
dismiss will be addressed in a subsequent Board
Management Analyst. decision. the exemption. Petitions for stay must
[FR Doc. 2017–26981 Filed 12–13–17; 8:45 am] 2 The City states that over time a number of be filed no later than December 21, 2017
BILLING CODE 8025–01–P railroads have operated on the Denver Stockyards. (at least seven days before the
Due to acquisitions and consolidations, the City has exemption becomes effective).
not been able to confirm that all prior operators
have either merged into DRIR or the two carriers for An original and 10 copies of all
SURFACE TRANSPORTATION BOARD which the agency has authorized discontinuance of pleadings, referring to Docket No. FD
service. However, according to the City, for the past
[Docket No. FD 36157] two decades DRIR has been the only freight rail 36157, must be filed with the Surface
operator on the Lines. The City states that it will Transportation Board, 395 E Street SW,
City and County of Denver— pursue further proceedings as appropriate to resolve Washington, DC 20423–0001. In
the status of any lingering previously granted addition, a copy of each pleading must
Acquisition Exemption—Western common carrier interests.
Stock Show Association in the City 3 The notice states that following the acquisition, be served on Charles A. Spitulnik,
and County of Denver, CO the status quo would continue ‘‘with respect to Kaplan Kirsch & Rockwell LLP, 1001
freight rail operations . . . and any future Connecticut Ave. NW, Suite 800,
The City and County of Denver, Colo. alterations to the site [would] be designed to allow Washington, DC 20036.
(the City), a political subdivision of the current operations to continue. Further Board
sradovich on DSK3GMQ082PROD with NOTICES

State of Colorado and a noncarrier, has approval would be required for DRIR to discontinue Board decisions and notices are
or abandon any freight service that DRIR currently available on our website at
filed a verified notice of exemption offers on the line.’’ (Notice 6–7.) The concurrently
under 49 CFR 1150.31 to acquire from filed motion to dismiss states that the WWW.STB.GOV.
the Western Stock Show Association ‘‘redevelopment includes the proposed Decided: December 11, 2017.
consolidation of rail operations on a single
(WSSA) the real property underlying corridor.’’ (Mot. 5.) This notice should not be
two lines of railroad for a total distance construed as approving, or indicating whether consolidation of track associated with the
of approximately 1.2 miles in the Board approval would be required for, any redevelopment.

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Document Created: 2018-10-25 10:51:20
Document Modified: 2018-10-25 10:51:20
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 59205