56160 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Notices 

1See Union Pac. R.R.—Aban. Exemption—in 

Lancaster County, Neb., AB 33 (Sub-No. 207X) (STB 

served Sept. 30, 2003). 

By order of the Maritime Administrator. 

Christine Gurland, 

Secretary, Maritime Administration. 

[FR Doc. 2010–23010 Filed 9–14–10; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35415] 

BNSF Railway Company and Union 

Pacific Railroad Company—Joint 

Relocation Project Exemption—in 

Lincoln, Neb. 

On August 30, 2010, BNSF Railway 

Company (BNSF) and Union Pacific 

Railroad Company (UP) jointly filed a 

verified notice of exemption under 49 

CFR 1180.2(d)(5) to participate in a joint 

project involving the relocation of 

certain tracks over which they currently 

both operate, or have authority to 

operate, in the City of Lincoln, 

Lancaster County, Neb. (the City). 

The purpose of the joint relocation 

project is to facilitate the redevelopment 

of the West Haymarket District and 

Downtown Lincoln (referred to as the 

West Haymarket Project). To allow for 

the redevelopment to proceed, BNSF 

must remove certain existing tracks and 

relocate its operations over tracks that 

will run parallel to the existing lines. 

UP will allow a portion of a previously 

abandoned line to be utilized in the 

project. 

BNSF and UP will jointly relocate 

tracks over which they both currently 

operate, or have authority to operate, as 

follows: 

BNSF owns a rail line beginning 

south of Sun Valley Boulevard (near UP 

milepost 56.50) that crosses Salt Creek 

and continues into a wye a short 

distance east of Salt Creek. The east leg 

of the wye (Track 460) extends in an 

easterly direction to a connection with 

a BNSF main line, which, in turn, 

connects with the Omaha, Lincoln, & 

Beatrice Railway and extends beyond to 

Omaha, Neb. The west leg of the wye 

(Track 324) extends in an easterly and 

then southerly direction to BNSF’s 

Hobson Yard in the City. 

UP has overhead trackage rights over 

the east leg of the wye between BNSF 

milepost 0.65 and BNSF milepost 56.92. 

See Union Pac. R.R.—Trackage Rights 

Exemption—The Burlington N. & Santa 

Fe Ry., FD 33403 (STB served June 3, 

1997); Union Pac. R.R.—Amendment of 

Trackage Rights Exemption—BNSF Ry., 

FD 30868 (Sub-No. 1) (STB served July 

20, 2006). UP also leases: (1) The BNSF 

line near Sun Valley Boulevard 

(beginning near UP milepost 56.50) to 

the beginning point of the wye at BNSF 

milepost 0.62 (referred to as the Sun 

Valley Segment); and (2) the west leg of 

the BNSF wye from BNSF milepost 0.62 

to BNSF milepost 59.4. 

The joint relocation project that is the 

subject of this notice involves 

abandoning the Sun Valley Segment and 

relocating the existing wye tracks a 

short distance to the south. The 

underlying real estate will be conveyed 

to the City. BNSF will remove the tracks 

on the Sun Valley Segment and UP will 

reconstruct its parallel line which it had 

previously abandoned.1 The new UP 

line will be located between UP 

milepost 56.50 and UP milepost 56.68, 

a short distance east of Salt Creek and 

crossing over Salt Creek using an 

existing UP bridge (UP track). The UP 

track will be owned and maintained by 

UP. BNSF will be granted trackage 

rights over the UP track. 

The new east wye track will be 

located between new BNSF milepost 0.0 

and BNSF milepost 59.24 where it will 

connect with BNSF’s number 1 main 

line (new east wye). The new east wye 

will be owned and maintained by BNSF. 

UP will be granted trackage rights over 

the new east wye. The new west wye 

will be located between new milepost 

BNSF 0.0 and BNSF milepost 59.55 

where it will connect with BNSF’s 

number 1 main line (new west wye). 

The new west wye will be owned and 

maintained by BNSF. UP’s lease of the 

existing west wye and the Sun Valley 

Segment will be terminated. UP will 

retain existing operating rights 

incidental to interchange to Hobson 

Yard which includes the new west wye. 

Applicants state that the proposed 

joint relocation project will not disrupt 

service to shippers. There are no 

shippers on the Sun Valley Segment, the 

existing east wye or the existing west 

wye lines. Applicants also state that the 

construction of the UP track, the new 

east wye and the new west wye will not 

involve an expansion of service by 

either carrier into new territory, or alter 

the existing competitive situation, but 

will simply preserve BNSF’s and UP’s 

ability to continue to serve the existing 

customers in the area. 

The Board will exercise jurisdiction 

over the abandonment, construction, or 

sale components of a relocation project, 

and require separate approval or 

exemption, only where the removal of 

track affects service to shippers or the 

construction of new track or transfer of 

existing track involves expansion into 

new territory. See City of Detroit v. 

Canadian Nat’l Ry., 9 I.C.C.2d 1208 

(1993), aff’d sub nom. Detroit/Wayne 

Cnty. Port Authority v. ICC, 59 F.3d 

1314 (DC Cir. 1995); Flats Indus. R.R. & 

Norfolk S. Ry.—Joint Relocation Project 

Exemption—in Cleveland, Ohio, FD 

34108 (STB served Nov. 15, 2001). Line 

relocation projects may embrace 

trackage rights transactions such as 

those involved here. See Detroit, Toledo 

& Ironton R.R.—Trackage Rights— 

Between Washington Court House & 

Greggs, Ohio—Exemption, 363 I.C.C. 

878 (1981). Under these standards, the 

incidental abandonment, construction, 

lease and trackage rights components of 

this relocation project require no 

separate approval or exemption because 

the relocation project will not disrupt 

service to shippers, expand BNSF’s or 

UP’s service into a new territory, or alter 

the existing competitive situation, and 

thus, this joint relocation project 

qualifies for the class exemption at 49 

CFR 1180.2(d)(5). 

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). 

The transaction may be consummated 

on or after September 29, 2010, the 

effective date of the exemption (30 days 

after the exemption was filed). 

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 September 22, 

2010 (at least 7 days before the 

exemption becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35415, 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 applicants’ representatives: 

Karl Morell, Of Counsel, Ball Janik LLP, 

Suite 225, 1455 F Street, NW., 

Washington, DC 20005; and Mack H. 

Shummate, Jr., Senior General Attorney, 

101 North Wacker Drive, #1920, 

Chicago, IL 60606. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: September 3, 2010. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Notices 56161 

1 In Stillwater Central Railroad, Inc.—Lease 

Exemption—The Burlington Northern and Santa Fe 

Railway Co., FD 34610 (STB served Jan. 19, 2005), 

SLWC was authorized to acquire by lease and to 

operate approximately 12.6 miles of rail line from 

BNSF between: (1) Milepost 549.01 at Wheatland, 

Okla., and milepost 542.0 at Oklahoma City, 

including the Dayton Lead in Wheatland; (2) 

milepost 540.0 west of the BNSF North Yard, in 

Oklahoma City, and milepost 536.4 in Oklahoma 

City, including the North Yard; and (3) milepost 0.0 

on the Packing Town Lead, and a point 500 feet 

west of the wye connecting the Packing Town Lead 

with BNSF’s Red Rock Subdivision, in addition to 

the 5.5 miles of incidental overhead trackage rights 

described herein. 

2On September 8, 2010, SLWC filed a letter 

stating that it had incorrectly sought overhead 

trackage rights between mileposts 384.6 and 390.0 

on the Red Rock Subdivision granted in FD 34610. 

SLWC states that the correct mileposts should have 

been 383.0 and 394.5, as reflected in its notice of 

exemption in FD 35408. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. 2010–22657 Filed 9–14–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35408] 

Stillwater Central Railroad, Inc.— 

Trackage Rights Exemption—BNSF 

Railway Company 

Pursuant to a written trackage rights 

agreement (Trackage Agreement) dated 

December 29, 2004, BNSF Railway 

Company (BNSF) granted approximately 

5.5 miles of incidental overhead 

trackage rights to Stillwater Central 

Railroad, Inc. (SLWC), extending 

between: (1) Milepost 384.6 and 

milepost 390.0, on the Red Rock 

Subdivision, in Oklahoma City, Okla.; 

and (2) a point 500 feet west of the wye 

connecting the Packing Town Lead and 

the point of connection between the 

Packing Town Lead and BNSF’s Red 

Rock Subdivision.1 Now, pursuant to 

the Trackage Agreement and a First 

Amendment, BNSF has agreed to amend 

SLWC’s existing overhead trackage 

rights to grant SLWC: (1) Overhead 

trackage rights between milepost 383.0, 

at Oklahoma City, and milepost 394.5, 

south of Flynn Yard in Oklahoma City, 

including the wye connecting the east 

end of the Packing Town Lead to the 

Red Rock Subdivision; and (2) local 

trackage rights to serve the Cargill 

Animal Nutrition Facility (Cargill 

Facility) on the Packing Town Lead 

using tracks 7405–0801 and 7405–0802. 

The transaction is scheduled to be 

consummated on September 29, 2010, 

the effective date of the exemption (30 

days after the exemption was filed). The 

purpose of the First Amendment is to 

permit SLWC to provide local service to 

the Cargill Facility. According to SLWC, 

the First Amendment will also correct a 

minor typographical error in the 

Trackage Agreement and an inadvertent 

error in the description of the mileposts 

set forth in SLWC’s notice of exemption 

in Docket No. FD 34610.2

As a condition to this exemption, any 

employees affected by 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, Inc.—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 September 22, 2010 (at least 7 

days before the exemption becomes 

effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35408, 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 

‘‘WWW.STB.DOT.GOV.’’ 

Decided: September 10, 2010. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. 2010–22960 Filed 9–14–10; 8:45 am] 

BILLING CODE 4915–01–P 


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