[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)]
[Notices]
[Page 70293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28825]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35963]


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

    Pursuant to a written temporary trackage rights agreement dated 
November 1, 2015, Union Pacific Railroad Company (UP) has agreed to 
grant restricted local temporary trackage rights to BNSF Railway 
Company (BNSF) as follows: (1) Between 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) 
between UP milepost 219.4 at Elsey and UP milepost 280.7 at Keddie, 
Cal., on UP's Canyon Subdivision, a distance of 61.3 miles.
    The transaction is scheduled to be consummated on or after November 
29, 2015, the effective date of the exemption (30 days after the 
exemption is filed).
    The purpose of this transaction is to permit BNSF to move empty and 
loaded ballast trains to and from the ballast pit at Elsey, which is 
adjacent to the UP rail line. The parties' agreement provides that the 
trackage rights are temporary in nature and are scheduled to expire on 
December 31, 2018.
    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).\1\ 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 November 20, 2015 (at least 7 days before the exemption becomes 
effective).
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    \1\ BNSF states that the verified notice is not filed under the 
Board's class exemption for temporary trackage rights at 49 CFR 
1180.2(d)(8), because the trackage rights are local rather than 
overhead. See R.R. Consolidation Procedures, 6 S.T.B. 910 (2003). 
Instead, BNSF has filed under the trackage rights class exemption at 
Sec.  1180.2(d)(7) and concurrently has filed, in BNSF Railway 
Company--Temporary Trackage Rights Exemption--Union Pacific Railroad 
Company, Docket No. FD 35676 (Sub-No. 1), a petition for partial 
revocation of this exemption to permit these proposed local trackage 
rights to expire at midnight on December 31, 2018, as provided in 
the parties' agreement. The Board will address that petition in a 
separate decision.
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    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35963, 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, Karl Morell & Associates, 655 
15th St. NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: November 9, 2015.
    By the Board, Rachel D. Campbell, Director, Office of Proceedings.

Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-28825 Filed 11-12-15; 8:45 am]
BILLING CODE 4915-01-P