[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Notices]
[Pages 33803-33804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13768]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35831]
Grainbelt Corporation--Trackage Rights Exemption--BNSF Railway
Company and Stillwater Central Railroad, LLC
BNSF Railway Company (BNSF) and Stillwater Central Railroad, LLC f/
k/a Stillwater Central Railroad, Inc. (SLWC), pursuant to written
trackage rights agreements dated April 1, 2014, and May 21, 2014,
respectively, 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
Eldorado, Okla. (between Altus and Quanah). 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 Quanah (milepost 723.30), 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\
---------------------------------------------------------------------------
\1\ GNBC already held overhead trackage rights granted by the
predecessor of BNSF between Snyder Yard, Okla. (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. & Stillwater Cent. R.R., FD
35332 (STB served Dec. 17, 2009). The trackage rights were further
amended in 2013 to allow GNBC to provide local grain service to a
shuttle facility at Headrick, Okla. See Grainbelt Corp.--Trackage
Rights Exemption--BNSF Ry. & Stillwater Cent. R.R., FD 35719 (STB
served Mar. 15, 2013). The original and supplemental trackage rights
would 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.
---------------------------------------------------------------------------
[[Page 33804]]
The transaction may be consummated on or after June 26, 2014, 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,
single system service between the grain shippers located on GNBC,
including GNBC's affiliate, Farmrail Corporation, and the grain shuttle
facility located at Eldorado. The parties' agreements provide that the
trackage rights will automatically expire on February 1, 2023.\3\
---------------------------------------------------------------------------
\3\ GNBC states that this filing is related to a simultaneously
filed petition in Grainbelt Corporation--Trackage Rights Exemption--
BNSF Railway & Stillwater Central Railroad, Docket No. 35831 (Sub-
No. 1), for partial revocation of the exemption to permit the
amended trackage rights to expire upon the expiration date of the
previous amendment to the trackage rights, February 1, 2023. The
Board will address that petition in a subsequent decision.
---------------------------------------------------------------------------
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 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 June 19, 2014 (at least seven days before the exemption becomes
effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35831, 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, Clark Hill, PLC, 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: June 9, 2014.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-13768 Filed 6-11-14; 8:45 am]
BILLING CODE 4915-01-P