[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Page 47922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19644]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35647]


BNSF Railway Company--Trackage Rights Exemption--Northern Lines 
Railway, Inc.

    Pursuant to a written trackage rights agreement, Northern Lines 
Railway, Inc. (NLR), has agreed to grant restricted local trackage 
rights to BNSF Railway Company (BNSF) over the rail lines owned by BNSF 
and leased to NLR between 33rd Avenue North and milepost 5.71, located 
just west of the Highway I-94 overpass in St. Cloud, Minn.\1\ 
Specifically, this includes: (a) Track 204 between 33rd Avenue North 
and Rice Junction, Minn.; and (b) Track 203 between milepost 0.0, at 
Rice Junction, and milepost 5.71, just west of the Highway I-94 
overpass (the Lines).
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    \1\ A redacted version of the trackage rights agreement between 
BNSF and NLR was filed with the notice of exemption. The unredacted 
version, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently 
filed under seal along with a motion for protective order. The 
motion is being addressed in a separate decision.
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    The earliest this transaction may be consummated is August 24, 
2012, the effective date of the exemption (30 days after the exemption 
was filed).
    According to BNSF, the purpose of the transaction is to permit BNSF 
to move unit trains originating or terminating on the Lines. Use of the 
Lines by BNSF is restricted to movements of unit trains originating or 
terminating at a grain shuttle facility being constructed at 
approximately milepost 5.0 on the Lines. NLR will continue to serve 
customers along the Lines.
    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 August 17, 2012 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35647, 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 Morrell, 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: August 7, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-19644 Filed 8-9-12; 8:45 am]
BILLING CODE 4915-01-P