2060 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 

1BNSF states that, because the trackage rights are 

for local rather than overhead traffic, it has not filed 

under the Board’s class exemption for temporary 

overhead trackage rights under 49 CFR 1180.2(d)(8). 

Instead, BNSF has filed under the trackage rights 

class exemption at 49 CFR 1180.2(d)(7). BNSF 

concurrently filed a petition for partial revocation 

of this exemption in BNSF Railway Company— 

Trackage Rights Exemption—Union Pacific 

Railroad Company, Docket No. FD 36377 (Sub–No. 

11), to permit these proposed trackage rights to 

expire at midnight on December 31, 2025, as 

provided in the agreement. The petition for partial 

revocation will be addressed in a subsequent 

decision in that docket. 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36377 (Sub–No. 10)] 

BNSF Railway Company—Trackage 

Rights Exemption—Union Pacific 

Railroad Company 

BNSF Railway Company (BNSF), a 

Class I rail carrier, has filed a verified 

notice of exemption under 49 CFR 

1180.2(d)(7) to acquire restricted, local, 

trackage rights over two rail lines owned 

by Union Pacific Railroad Company 

(UP) 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 126.2 miles; 

and (2) UP milepost 219.4 at Elsey and 

UP milepost 280.7 at Keddie, Cal., on 

UP’s Canyon Subdivision, a distance of 

61.3 miles (collectively, the Lines). 

Pursuant to a written temporary 

trackage rights agreement, UP has 

agreed to grant restricted trackage rights 

to BNSF over the Lines. The purpose of 

this transaction is to permit BNSF to 

move empty and loaded ballast trains to 

and from the ballast pit at Elsey, which 

is adjacent to the Lines. The agreement 

provides that the trackage rights are 

temporary and scheduled to expire on 

December 31, 2025.1

The transaction may be consummated 

on or after January 25, 2025, the 

effective date of the exemption (30 days 

after the verified notice was filed). 

As a condition to this exemption, any 

employees affected by the acquisition of 

the trackage rights will be protected by 

the conditions imposed in Norfolk & 

Western Railway—Trackage Rights— 

Burlington Northern, Inc., 354 I.C.C. 605 

(1978), as modified in Mendocino Coast 

Railway—Lease & Operate—California 

Western Railroad, 360 I.C.C. 653 (1980). 

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 for stay must 

be filed no later than January 17, 2025 

(at least seven days before the 

exemption becomes effective). 

All pleadings, referring to Docket No. 

FD 36377 (Sub–No. 10), must be filed 

with the Surface Transportation Board 

either via e-filing on the Board’s website 

or in writing addressed to 395 E Street 

SW, Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on BNSF’s representative, 

Peter W. Denton, Steptoe LLP, 1330 

Connecticut Avenue NW, Washington, 

DC 20036. 

According to BNSF, this action is 

categorically excluded from 

environmental review under 49 CFR 

1105.6(c)(3) and from historic 

preservation reporting requirements 

under 49 CFR 1105.8(b)(3). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: January 3, 2025. 

By the Board, Valerie O. Quinn, Acting 

Director, Office of Proceedings. 

Zantori Dickerson, 

Clearance Clerk. 

[FR Doc. 2025–00343 Filed 1–8–25; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. EP 558 (Sub-No. 28)] 

Railroad Cost of Capital—2024 

AGENCY: Surface Transportation Board. 

ACTION: Notice. 

SUMMARY: The Board is instituting a 

proceeding to determine the railroad 

industry’s cost of capital for 2024. The 

decision solicits comments on the 

following issues: the railroads’ 2024 

current cost of debt capital, the 

railroads’ 2024 current cost of preferred 

equity capital (if any), the railroads’ 

2024 cost of common equity capital, and 

the 2024 capital structure mix of the 

railroad industry on a market value 

basis. 

DATES: Notices of intent to participate 

are due by February 21, 2025. 

Statements of the railroads are due by 

March 14, 2025. Statements of other 

interested persons are due by April 4, 

2025. Rebuttal statements by the 

railroads are due by April 25, 2025. 

ADDRESSES: Comments may be filed 

with the Board via e-filing on the 

Board’s website. 

FOR FURTHER INFORMATION CONTACT: 

Pedro Ramirez at (202) 245–0333. If you 

require an accommodation under the 

Americans with Disabilities Act, please 

call (202) 245–0245. 

SUPPLEMENTARY INFORMATION: The 

decision in this proceeding is posted at 

www.stb.gov. 

Authority: 49 U.S.C. 10704(a). 

Decided: January 6, 2025. 

By the Board, Board Members Fuchs, 

Hedlund, Primus, and Schultz. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2025–00394 Filed 1–8–25; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. MCF 21128] 

Avalon Motor Coaches, LLC— 

Acquisition of Control—Rose 

Chauffeured Transportation, Inc. 

AGENCY: Surface Transportation Board. 

ACTION: Notice tentatively approving 

and authorizing finance transaction. 

SUMMARY: On December 11, 2024, 

Avalon Motor Coaches, LLC (Avalon 

Motor Coach), an interstate passenger 

motor carrier, together with its 

noncarrier affiliates Virgin-Fish, Inc. 

(Virgin-Fish), and Jeffrey Brush (Avalon 

Motor Coach, Virgin-Fish, and Jeffrey 

Brush will be collectively referred to as 

‘‘Avalon’’) filed an application for 

Avalon to purchase most of the assets of 

another interstate passenger motor 

carrier, Rose Chauffeured 

Transportation, Inc. (Rose), and assume 

substantially all of its outstanding 

contracts related to its charter services. 

The Board is tentatively approving and 

authorizing this transaction. If no 

opposing comments are timely filed, 

this notice will be the final Board 

action. 

DATES: Comments must be filed by 

February 24, 2025. If any comments are 

filed, Applicants may file a reply by 

March 11, 2025. If no opposing 

comments are filed by February 24, 

2025, this notice shall be effective on 

February 25, 2025. 

ADDRESSES: Comments, referring to 

Docket No. MCF 21128, may be filed 

with the Board either via e-filing on the 

Board’s website or in writing addressed 

to: Surface Transportation Board, 395 E 

Street SW, Washington, DC 20423–0001. 

In addition, send one copy of comments 

to Avalon’s representative: Barry M. 

Weisz, Thompson Coburn LLP, 10100 

Santa Monica Boulevard, Suite 500, Los 

Angeles, CA 90067. 

FOR FURTHER INFORMATION CONTACT: 

Jonathon Binet at (202) 245–0368. If you 

require an accommodation under the 

Americans with Disabilities Act, please 

call (202) 245–0245. 

SUPPLEMENTARY INFORMATION: According 

to the application, Avalon Motor Coach 

is a Texas limited liability company. 


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