[Federal Register Volume 74, Number 78 (Friday, April 24, 2009)]
[Notices]
[Pages 18801-18802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9192]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35238]


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

    Pursuant to a written trackage rights agreement dated January 20, 
2009, Union Pacific Railroad Company (UP) has agreed to grant temporary 
local trackage rights to BNSF Railway Company (BNSF) over UP lines 
extending between: (1) UP milepost 93.2 at Stockton, CA, on UP's 
Oakland Subdivision, and UP milepost 219.4 at Elsey, CA, on UP's Canyon 
Subdivision, a distance of approximately 126.2 miles; and (2) UP 
milepost 219.4 at Elsey, CA, and UP milepost 280.7 at Keddie, CA, on 
UP's Canyon Subdivision, a distance of 61.3 miles.\1\
---------------------------------------------------------------------------

    \1\ BNSF submits 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 
Railroad Consolidation Procedures, 6 S.T.B. 910 (2003). Therefore, 
BNSF concurrently has filed a petition for partial revocation of 
this exemption in STB Finance Docket No. 35238 (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 31, 2009, as provided 
in the parties' agreement. The petition will be addressed by the 
Board in a separate decision.
---------------------------------------------------------------------------

    The transaction is scheduled to be consummated on or after May 9, 
2009, 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

[[Page 18802]]

ballast trains to and from the ballast pit at Elsey, CA, which is 
adjacent to the UP rail line. The trackage rights are temporary in 
nature and are scheduled to expire at midnight on December 31, 2009.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 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 May 1, 2009 (at least 7 days before the exemption 
becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
No. 110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35238, 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: April 16, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-9192 Filed 4-23-09; 8:45 am]
BILLING CODE 4915-01-P