[Federal Register Volume 74, Number 221 (Wednesday, November 18, 2009)]
[Notices]
[Pages 59602-59603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27698]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35311]


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

    Pursuant to a written supplemental trackage rights agreement dated 
January 1, 2009, BNSF Railway Company (BNSF) has agreed to amend the 
existing overhead trackage rights previously granted to Union Pacific 
Railroad Company (UP) over BNSF's Bieber line at Keddie, CA.\1\
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    \1\ This decision embraces Finance Docket No. 32760 (Sub-No. 1) 
in which the original trackage rights were granted to UP in 
connection with UP's acquisition of control of Southern Pacific 
Transportation Company and were exempted by the Board. Union 
Pacific/Southern Pacific Merger, 1 S.T.B. 233 (1996).
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    According to BNSF, the purpose of the proposed transaction is to 
amend the parties' existing agreement to accurately reflect the 
trackage rights received by UP under that agreement.

[[Page 59603]]

Specifically, BNSF states that the amendment deletes the existing 
agreement's Exhibit A and replaces it with a new Exhibit A (map). BNSF 
also states that the amendment provides that UP will perform signal 
maintenance on all signal facilities between BNSF's Bieber line 
(milepost 202.72) and wye connections with UP's Canyon Subdivision.
    The transaction is scheduled to be consummated on December 2, 2009, 
the effective date of the exemption (30 days after the exemption was 
filed).
    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).
    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.
    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 November 25, 2009 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35311, 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 Adrian L. Steel, Jr., Mayer 
Brown LLP, 1999 K Street, NW., Washington, DC 20006-1101.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 13, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-27698 Filed 11-17-09; 8:45 am]
BILLING CODE 4915-01-P