[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Page 73700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29176]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35879]


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

    Pursuant to a written temporary trackage rights agreement entered 
into between BNSF Railway Company (BNSF) and Union Pacific Railroad 
Company (UP), dated November 24, 2014, UP has agreed to grant 
restricted local trackage rights to BNSF as follows: (1) Between 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 
126.2 miles; and (2) between UP milepost 219.4 at Elsey and UP milepost 
280.7 at Keddie, Ca., on UP's Canyon Subdivision, a distance of 61.3 
miles.\1\ The trackage rights are restricted to movements of BNSF's 
unit ballast trains (loaded and empty) to and from the ballast pit 
located at Elsey.
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    \1\ 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--Exemption for Temporary Trackage Rights, 
STB EP 282 (Sub-No. 20) (STB served May 23, 2003). Therefore, BNSF 
has concurrently filed a petition for partial revocation of this 
exemption in BNSF Railway Company--Temporary Trackage Rights 
Exemption-Union Pacific Railroad Company, Docket No. FD 35879 (Sub-
No. 1), wherein BNSF requests that the Board permit the proposed 
local trackage rights arrangement described in the present 
proceeding to expire at midnight on or about October 31, 2015, as 
provided in the parties' agreement. That petition will be addressed 
by the Board in a separate decision.
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    The transaction is scheduled to be consummated on or after December 
25, 2014, the effective date of the exemption (30 days after the 
exemption is filed).
    As a condition to this exemption, any employee 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--Lease & 
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it 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 December 18, 2014 (at least 7 days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35879, 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, Ball Janik LLP, Suite 225, 655 
Fifteenth St. NW., Washington, DC 20005; and Courtney Biery Estes, BNSF 
Railway Company, 2500 Lou Menk Drive, AOB-3, Fort Worth, TX 76131.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: December 8, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2014-29176 Filed 12-10-14; 8:45 am]
BILLING CODE 4915-01-P