[Federal Register Volume 78, Number 51 (Friday, March 15, 2013)]
[Notices]
[Page 16570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06025]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35719]
Grainbelt Corporation--Trackage Rights Exemption--BNSF Railway
Company and Stillwater Central Railroad Company
Pursuant to written trackage rights agreements dated February 1,
2013, and February 26, 2013, respectively, BNSF Railway Company (BNSF)
and Stillwater Central Railroad Company (SLWC) have each agreed to
amend their trackage rights agreements with Grainbelt Corporation
(GNBC),\1\ which together will allow GNBC to provide local service to a
grain shuttle facility in Headrick, Okla. Specifically, BNSF is
amending its trackage rights with GNBC regarding service over the
connecting line between the connection with SLWC east of Long (milepost
668.73) and Altus (milepost 688.00), and SLWC is amending its trackage
rights with GNBC regarding service between Snyder Yard (milepost
664.00) and its connection with BNSF east of Long (milepost 668.73).\2\
The transaction may be consummated on or after March 30, 2013, the
effective date of the exemption (30 days after the verified notice was
filed). The purpose of this transaction is to allow GNBC to provide
local service between the grain shippers located on GNBC and the grain
shuttle facility located at Headrick in single line service. The
parties' agreements provide that the trackage rights are temporary in
nature and are scheduled to expire automatically in 10 years.\3\ 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--Lease and Operate--
California Western Railroad, 360 I.C.C. 653 (1980) (N&W).
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\1\ GNBC already holds overhead trackage rights granted by the
predecessor of BNSF between Snyder Yard (milepost 664.00) and
Quanah, Tex. (milepost 723.30), under which GNBC has the right to
interchange at Quanah with BNSF and Union Pacific Railroad Company.
BNSF subsequently sold a portion of the subject trackage to SLWC.
The original trackage rights were supplemented in 2009 to allow GNBC
to operate between Snyder and Altus, Okla., with the right to
perform limited local service at Long, Okla. See Grainbelt Corp.--
Trackage Rights Exemption--BNSF Ry. and Stillwater Cent. R.R., FD
35332 (STB served Dec. 17, 2009). The original and supplemental
trackage rights will not be affected by the amended trackage rights
that are the subject of this proceeding.
\2\ Redacted versions of the trackage rights agreements between
GNBC/BNSF and GNBC/SLWC were filed with the notice of exemption. The
full versions of the agreements, as required by 49 CFR
1180.6(a)(7)(ii), were concurrently filed under seal along with a
motion for protective order. That motion will be addressed in a
separate decision.
\3\ GNBC states that this filing is related to a simultaneously
filed petition in Docket No. 35719 (Sub-No. 1) for partial
revocation of the exemption to permit the amended trackage rights to
automatically expire in 10 years. The Board will address that
petition in a subsequent decision.
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This notice is filed under 49 CFR 1180.2(d)(7). If it contains
false or misleading information, the exemption if 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 22, 2013 (at least seven days before the exemption becomes
effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35719, 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 Eric M. Hocky, Thorp Reed & Armstrong, LLP,
One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA
19103.
Board decisions and notices are available on our Web site at
``www.stb.dot.gov.''
Decided: March 12, 2013.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2013-06025 Filed 3-14-13; 8:45 am]
BILLING CODE 4915-01-P