[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Notices]
[Pages 14596-14597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05579]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35808]


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

    Union Pacific Railroad Company (UP), pursuant to a written trackage 
rights agreement dated March 1, 2014, has agreed to grant local 
trackage rights \1\ to BNSF Railway Company (BNSF) over UP rail lines 
located between: (1) UP milepost 93.2 at Stockton, Cal., on UP's 
Oakland Subdivision, and UP milepost 219.4 at Elsey, Cal., on UP's 
Canyon Subdivision, a distance of 126.2 miles; and (2) UP milepost 
219.4 at Elsey, Cal., and UP milepost 280.7 at Keddie, Cal., on UP's 
Canyon Subdivision, a distance of 61.3 miles.
---------------------------------------------------------------------------

    \1\ BNSF states that 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, 6 S.T.B. 910 (2003). Therefore, BNSF 
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 35808 (Sub-
No. 1), wherein BNSF requests that the Board permit the proposed 
trackage rights arrangement described in the present proceeding to 
expire at midnight on October 31, 2014, as provided in the parties' 
agreement. That petition will be addressed by the Board in a 
separate decision.
---------------------------------------------------------------------------

    The transaction may be consummated on March 30, 2014, the effective 
date of the exemption (30 days after the exemption is filed).
    The purpose of this transaction is to allow BNSF to move empty and 
loaded ballast trains to and from the ballast pit at Elsey, Cal., which 
is adjacent to the UP rail line. The trackage rights are temporary in 
nature and are scheduled to expire at midnight on October 31, 2014.
    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 March 21, 2014 (at least 7 days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35808, 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, 655 Fifteenth St. NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: March 10, 2014.


[[Page 14597]]


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-05579 Filed 3-13-14; 8:45 am]
BILLING CODE 4915-01-P