[Federal Register Volume 75, Number 5 (Friday, January 8, 2010)]
[Notices]
[Pages 1118-1119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31405]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35340]


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

    Pursuant to a written trackage rights agreement dated December 17, 
2009, Union Pacific Railroad Company (UP) has agreed to grant temporary 
nonexclusive overhead trackage rights to BNSF Railway Company (BNSF) 
over UP lines extending between: (1) UP milepost 93.2 at Stockton, CA, 
on UP's Oakland Subdivision, and UP milepost 219.4 at Elsey, CA, on 
UP's Canyon Subdivision, a distance of approximately 126.2 miles; and 
(2) UP milepost 219.4 at Elsey, CA, and UP milepost 280.7 at Keddie, 
CA, on UP's Canyon Subdivision, a distance of 61.3 miles.
    The transaction is scheduled to be consummated on January 22, 2010, 
the effective date of the exemption (30 days after the exemption is 
filed).
    The nonexclusive overhead trackage rights will permit BNSF to 
handle ballast trains of company material for use in the maintenance of 
BNSF's tracks. The trackage rights are temporary in nature and are for 
a period from January 22, 2010 through December 10, 2010.
    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), and any

[[Page 1119]]

employee affected by the discontinuance of those trackage rights will 
be protected by the conditions set out in Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979).
    This notice is filed under 49 CFR 1180.2(d)(8). 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 January 15, 2010 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35340, 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: December 31, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-31405 Filed 1-7-10; 8:45 am]
BILLING CODE 4915-01-P