[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Page 63564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25014]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35770]
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 overhead trackage rights to
BNSF Railway Company (BNSF) over the following UP rail lines: (1) From
Houston, Tex. (Tower 81), on the UP Harrisburg Subdivision at milepost
4.6 to the beginning of UP's Glidden Subdivision at milepost 13.6, and
on to Rosenberg, Tex. (Tower 17), on UP's Glidden Subdivision at
milepost 36.3 (Rosenburg Route); and (2) from the Clinton Industrial
Lead connection, at the Terminal Subdivision at milepost 359.6, to the
Houston Public Elevator 2 (HPE2) (Clinton Route).\1\
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\1\ A redacted copy of the trackage rights agreement was filed
with the verified notice of exemption. An unredacted version was
filed under seal along with a motion for protective order, which
will be addressed in a separate decision.
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This transaction will be consummated on or shortly after the
effective date of this exemption, November 7, 2013.\2\
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\2\ This notice was scheduled to be published in the Federal
Register during the time that the agency was closed due to a lapse
in appropriations. Because publication of this notice has been
delayed, the effective date of the exemption will also be delayed to
provide adequate notice to the public.
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The purpose of this transaction is to enable BNSF to make overhead
movements of all commodities over the Rosenburg Route and overhead
movements of grain consigned to HPE2 and empty grain cars in
return over the Clinton Route.
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 &
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 October 31, 2013 (at least seven days before the
exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35770, 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.
Board decisions and notices are available on our Web site at
``WWW.STB.DOT.GOV.''
Decided: October 21, 2013.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-25014 Filed 10-23-13; 8:45 am]
BILLING CODE 4915-01-P