[Federal Register Volume 75, Number 77 (Thursday, April 22, 2010)]
[Notices]
[Page 21146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9305]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35344]


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

    Pursuant to a written trackage rights agreement dated December 16, 
2009, BNSF Railway Company (BNSF) has agreed to grant overhead trackage 
rights to Union Pacific Railroad Company (UP) over a BNSF line of 
railroad known as the Thayer Subdivision extending between BNSF 
milepost 483.8 (Kentucky Street) and BNSF milepost 486.0 (KC Junction) 
in Memphis, Tenn., a distance of approximately 2.2 miles.
    The transaction is scheduled to be consummated on May 6, 2010, the 
effective date of the exemption (30 days after the exemption is filed). 
The purpose of the trackage rights agreement is to allow UP to 
interchange railcars with Canadian National Railway Company (CN) at 
CN's Johnson Yard in Memphis.
    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.--Trackage Rights--Burlington N., Inc., 354 I.C.C. 605 
(1978), as modified in Mendocino Coast Ry.--Lease and Operate--Cal. W. 
R.R., 360 I.C.C. 653 (1980), and any employees affected by the 
discontinuance of those trackage rights will be protected by the 
conditions set out in Or. Short Line R.R.--Aban. Portion--Goshen Branch 
Between Firth and Ammon, in Bingham and Bonneville Counties, Idaho, 360 
I.C.C. 91 (1979).
    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 April 29, 2010 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35344, 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., Senior General 
Attorney, Union Pacific Railroad Company, 101 North Wacker Drive, Room 
1920, Chicago, IL 60606.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: April 19, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-9305 Filed 4-21-10; 8:45 am]
BILLING CODE 4915-01-P