[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Pages 67951-67952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30403]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35332]


Grainbelt Corporation--Trackage Rights Exemption--BNSF Railway 
Company and Stillwater Central Railroad Company

    Pursuant to written trackage rights agreements dated October 16, 
2009 and November 1, 2009, respectively, BNSF Railway Company (BNSF) 
and Stillwater Central Railroad Company (SLWC), have each agreed to 
grant

[[Page 67952]]

supplemental trackage rights \1\ to Grainbelt Corporation (GNBC), which 
together will allow GNBC to operate between Snyder and Altus, OK, with 
the right to provide limited local service at Long, OK.\2\ 
Specifically, BNSF is granting overhead trackage rights, with limited 
local service rights, over 19.27 miles of trackage between its 
connection with SLWC at milepost 668.73, east of Long, and milepost 
688.00 at Altus; SLWC is granting 4.73 miles of overhead trackage 
rights between milepost 664.0, at or near Snyder Yard, and milepost 
668.73, at or near Long, to allow GNBC to reach connecting BNSF 
trackage.\3\
---------------------------------------------------------------------------

    \1\ GNBC already holds overhead trackage rights granted by 
BNSF's predecessor between Snyder Yard (milepost 664.00) and Quanah, 
TX (milepost 723.30), pursuant to which GNBC interchanges at Quanah. 
BNSF subsequently sold a portion of the subject trackage to SLWC. 
These original rights are not affected by the subject supplemental 
rights.
    \2\ Redacted versions of the trackage rights agreements between 
GNBC/BNSF and GNBC/SLWC were filed with the notice of exemption. The 
full versions of the agreements, as required by 49 CFR 
1180.6(a)(7)(ii), were concurrently filed under seal along with a 
motion for protective order. The motion is being addressed in a 
separate decision.
    \3\ GNBC points out that because the rights being granted here 
involve ``local'' trackage rights that will remain in effect for 
more than 1 year, these rights do not qualify for the Board's class 
exemption for temporary trackage rights at 49 CFR 1180.2(d)(8). See 
Railroad Consolidation Procedures, 6 S.T.B. 910 (2003). GNBC has 
also concurrently filed a petition for partial revocation of this 
exemption in STB Finance Docket No. 35332 (Sub-No. 1), Grainbelt 
Corporation--Trackage Rights Exemption--BNSF Railway Company and 
Stillwater Central Railroad Company, wherein GNBC requests that the 
Board permit the proposed local trackage rights arrangements 
described in the present proceeding to expire 10 years from the 
execution dates, as provided in the parties' agreements. The 
petition will be addressed by the Board in a separate decision.
---------------------------------------------------------------------------

    The transaction is scheduled to be consummated on or after January 
1, 2010.
    The supplemental trackage rights will allow GNBC and BNSF to shift 
much of their current interchange traffic from Snyder to Altus, allow 
GNBC to interchange traffic with its affiliate, Farmrail Corporation, 
at Altus, and allow GNBC limited access to a customer at Long.
    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 December 24, 2009 (at least 7 days before the 
exemption becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, Sec.  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. 35332 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 Eric M. Hocky, One Commerce 
Square, 2005 Market Street, Suite 1910, Philadelphia, PA 19103.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 17, 2009.

    By the Board,
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-30403 Filed 12-18-09; 8:45 am]
BILLING CODE 4915-01-P&