[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Pages 14058-14059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5663]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35601]


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

    Pursuant to a written trackage rights agreement, Union Pacific 
Railroad Company (UP) has agreed to grant trackage rights to BNSF 
Railway Company (BNSF) over a portion of a line of railroad known as 
the Lockport Branch, between milepost 0.1 at Raceland Junction and 
milepost 14.2 at Jay, a distance of 14.1 miles, in Lafourche Parish, 
La. (the Line).\1\
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    \1\ A copy of the trackage rights agreement was submitted with 
the notice of exemption. BNSF states that this agreement, dated 
August 1, 2000 (First Supplemental Agreement), is a supplement to 
the Trackage Rights Agreement dated September 10, 1998, between UP 
and BNSF, which was authorized by the Board in Burlington Northern & 
Santa Fe Railway Co.--Trackage Rights Exemption--Union Pacific 
Railroad Co., FD 33663 (STB served Oct. 19, 1998). BNSF adds that, 
while the First Supplemental Agreement covers all former Southern 
Pacific Transportation Company branches connecting to the rail line 
between Dawes, Tex., and Avondale, La., in this proceeding BNSF 
seeks trackage rights authority only over the portion of the 
Lockport Branch between milepost 0.1 and milepost 14.2.
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    The earliest this transaction may be consummated is March 22, 2012, 
the effective date of the exemption (30 days after the notice was 
filed).
    BNSF states that it is seeking trackage rights authority to protect 
its interests in the Lockport Branch. In Docket No. AB 33 (Sub-No. 
277X), UP filed a verified notice of exemption to abandon most of the 
Lockport Branch over which BNSF now seeks trackage rights authority.\2\ 
BNSF has asserted, in that abandonment proceeding, that it has 
authority sanctioned by the Board to provide service on the Line. UP 
has contested

[[Page 14059]]

BNSF's claim, and by decision served on January 30, 2012, the Board 
postponed the effective date of UP's abandonment exemption and allowed 
the parties to file additional evidence and argument, which BNSF and UP 
did on February 9, 2012. In its verified notice of exemption in this 
docket, BNSF describes UP's February 9 filing in the abandonment docket 
as asserting that BNSF does not have direct access to the Lockport 
Branch because the Board never expressly authorized such operations. 
BNSF states that, while it disagrees with UP's argument, it is now 
seeking trackage rights authority over the Line in this docket out of 
an abundance of caution.
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    \2\ Specifically, UP seeks authority to abandon the portion of 
the Lockport Branch between milepost 1.7 and milepost 14.2.
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    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway Co.--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 March 15, 2012 (at least seven days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35601, 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, 655 Fifteenth 
Street NW., Suite 225, Washington, DC 20005 (Counsel for BNSF).
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: March 5, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-5663 Filed 3-7-12; 8:45 am]
BILLING CODE 4915-01-P