[Federal Register Volume 73, Number 87 (Monday, May 5, 2008)]
[Notices]
[Page 24624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9698]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35136]


Burlington Shortline Railroad, Inc., d/b/a Burlington Junction 
Railway--Lease and Operation Exemption--BNSF Railway Company

    Burlington Shortline Railroad, Inc., d/b/a Burlington Junction 
Railway (BJR), a Class III rail carrier, has filed a verified notice of 
exemption under 49 CFR 1150.41 to lease and to operate, pursuant to an 
agreement with BNSF Railway Company (BNSF), approximately 2.5 miles of 
BNSF railroad properties consisting of certain trackage, real property, 
and railroad operating rights located at Montgomery, IL. The rail 
properties being leased consist of land and tracks owned by BNSF 
adjacent to and within the Montgomery Industrial Park, located between 
milepost 39.40 and milepost 40.50 on BNSF's east-west Main 1, Track 
3998, and Main 2, track 3999, but excluding BNSF's Main 1, Main 2, and 
the Old North Main Track 3900. In particular, the lease agreement 
pertains to track numbers 3901, 3902, 3903, 3904, the segment of track 
3930 between tracks 3900 and 3932, and the segment of track 3930 
between the northern terminus of track 3931 and track 3942.\1\
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    \1\ BJR originally filed a notice of exemption to acquire and 
operate the subject rail properties in Burlington Shortline 
Railroad, Inc., d/b/a Burlington Junction Railway Company--
Acquisition and Operation Exemption--BNSF Railway Company, STB 
Finance Docket No. 35121 (STB served Apr. 3, 2008, and published at 
73 FR 18322). Ozinga Bros., Inc., filed a petition to reject or stay 
the exemption, and the Board issued a housekeeping stay on April 16, 
2008, in that docket to allow time to consider any replies and to 
make an informed decision. BJR requested permission to withdraw that 
notice on April 21, 2008, and concurrently filed the instant notice 
clarifying that the acquisition transaction was by lease rather than 
purchase and explaining in more detail the involved rail property 
and the proposed transaction. By decision served on April 29, 2008, 
the Board granted BJR's withdrawal request, discontinued the 
proceeding in STB Finance Docket No. 35121, and vacated the stay in 
that proceeding as moot.
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    BNSF is granting to BJR incidental trackage rights for interchange 
purposes over track 3900 (the Old North Main) between track numbers 
3904 and 3930.
    BNSF is also assigning to BJR its contractual rights to operate 
over certain private industrial track (not owned by BNSF) used to serve 
shippers in the area, pertaining to track numbers 3905, 3906, 3907, 
3908, 3909, 3914, 3915, 3920, 3931, 3932, 3933, 3940, 3941, 3942, 3943, 
3944, 9916, 9976, and the portions of track 3930 not owned by BNSF.
    BJR, in turn, is granting BNSF interchange rights for the use of 
BJR's leased yard tracks at Montgomery, IL, for the sole purpose of 
interchanging traffic between the parties on track numbers 3901 and 
3902.
    The earliest this exemption can be consummated is May 21, 2008, the 
effective date of the exemption (30 days after the exemption is filed).
    BJR certifies that its projected annual revenues as a result of 
this transaction will not exceed those that qualify it as a Class III 
rail carrier and will not exceed $5 million.
    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.
    If the verified 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. Petitions to stay must be filed by no later than May 14, 
2008 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35136, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy must be served on John D. Heffner, John D. Heffner, PLLC, 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: April 29, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-9698 Filed 5-2-08; 8:45 am]
BILLING CODE 4915-01-P