[Federal Register Volume 73, Number 19 (Tuesday, January 29, 2008)]
[Notices]
[Page 5264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1474]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35115]


Arizona Eastern Railway, Inc.--Trackage Rights Exemption--Union 
Pacific Railroad Company

    Pursuant to a written trackage rights agreement, Union Pacific 
Railroad Company (UP) has agreed to grant non-exclusive overhead 
trackage rights to Arizona Eastern Railway, Inc. (AZER) over a UP line 
of railroad known as the Lordsburg Subdivision, between milepost 
1150.00 in Lordsburg, NM and milepost 1098.12, in Bowie, AZ, a distance 
of approximately 52.12 miles.\1\
---------------------------------------------------------------------------

    \1\ A redacted draft version of the trackage rights agreement 
between AZER and UP was filed with the notice of exemption. The full 
draft version was concurrently filed under seal along with a motion 
for protective order, which will be addressed in a separate 
decision. As required by 49 CFR 1180.6(a)(7)(ii), the parties must 
file a copy of the executed agreement within 10 days of the date the 
agreement is executed.
---------------------------------------------------------------------------

    AZER indicates that the transaction is scheduled to be consummated 
on or after February 11, 2008, the effective date of the exemption (30 
days after the exemption was filed).
    The purpose of the trackage rights is to improve service by 
establishing a rail link allowing AZER to move traffic originating or 
terminating on its Bowie-Miami Line and traffic originating or 
terminating on its soon to be acquired Clifton Subdivision.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 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 February 4, 2008 (at least 7 days before the exemption 
become effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, section 193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting and shredding). The term 
`solid waste' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35115, 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 Mack H. Shumate, Jr., 101 N. 
Wacker Drive, Suite 1920, Chicago, IL 60606 and John D. Heffner, 1750 K 
Street, NW., Suite 350, Washington, DC 20006.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: January 23, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-1474 Filed 1-28-08; 8:45 am]
BILLING CODE 4915-01-P