[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Notices]
[Pages 10430-10431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4105]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35466]


BNSF Railway Company--Temporary Trackage Rights Exemption--Union 
Pacific Railroad Company

    Pursuant to a written trackage rights agreement dated January 25, 
2011, Union Pacific Railroad Company (UP) has agreed to grant local 
trackage rights to BNSF Railway Company (BNSF) over UP lines extending 
between: (1) UP milepost 93.2 at Stockton, Cal., on UP's Oakland 
Subdivision, and UP milepost 219.4 at Elsey, Cal., on UP's Canyon 
Subdivision, a distance of approximately 126.2 miles; and (2) UP 
milepost 219.4 at Elsey, Cal., and UP milepost 280.7 at Keddie, Cal., 
on UP's Canyon Subdivision, a distance of 61.3 miles.\1\
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    \1\ BNSF states that the trackage rights being granted here are 
only temporary rights, but, because they are ``local'' rather than 
``overhead'' rights, they do not qualify for the Board's class 
exemption for temporary trackage rights at 49 CFR 1180.2(d)(8). See 
R.R. Consolidation Procedures, 6 S.T.B. 910 (2003). Therefore, BNSF 
concurrently has filed a petition for partial revocation of this 
exemption in Docket No. FD 35466 (Sub-No. 1), BNSF Railway Company--
Temporary Trackage Rights Exemption--Union Pacific Railroad Company, 
wherein BNSF requests that the Board permit the proposed local 
trackage rights arrangement described in the present proceeding to 
expire at midnight on December 10, 2011, as provided in the parties' 
agreement. The petition will be addressed by the Board in a separate 
decision.

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[[Page 10431]]

    The transaction is scheduled to be consummated on or after March 
10, 2011, the effective date of the exemption (30 days after the 
exemption is filed).
    The trackage rights agreement will permit BNSF to move empty and 
loaded ballast trains to and from the ballast pit at Elsey, Cal., which 
is adjacent to the UP rail line. The trackage rights are temporary in 
nature and are scheduled to expire at midnight on December 10, 2011.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease and 
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). 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. Stay petitions 
must be filed by March 3, 2011 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35466, 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 Karl Morell, Of Counsel, Ball Janik LLP, 
Suite 225, 1455 F Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: February 17, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-4105 Filed 2-23-11; 8:45 am]
BILLING CODE 4915-01-P