[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Notices]
[Page 60742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24519]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35676]


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

    Pursuant to a written trackage rights agreement dated August 10, 
2012, Union Pacific Railroad Company (UP) has agreed to grant 
restricted temporary trackage rights to BNSF Railway Company (BNSF) 
over UP's lines between: (1) UP milepost 93.2, at Stockton, Cal., on 
UP's Oakland Subdivision, and UP milepost 219.4, at Elsey, Cal., on 
UP's Canyon Subdivision, a distance of 126.2 miles; and (2) UP milepost 
219.4, at Elsey, and UP milepost 280.7, at Keddie, Cal., on UP's Canyon 
Subdivision, a distance of 61.3 miles.
    The transaction is scheduled to be consummated on October 18, 2012, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    The purpose of this transaction is to permit BNSF to move empty and 
loaded ballast trains to and from the ballast pit at Elsey, which is 
adjacent to the UP rail line. The parties' agreement provides that the 
trackage rights are temporary in nature and are scheduled to expire at 
midnight on December 31, 2012.
    As a condition to this exemption, any employee affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease & 
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7).\1\ If it 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 October 11, 2012 (at least seven days before the exemption becomes 
effective).
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    \1\ BNSF states that the verified notice is not filed under the 
Board's class exemption for temporary trackage rights at 49 CFR. 
1180.2(d)(8) because the trackage rights are local rather than 
overhead. See R.R. Consolidation Procedures, 6 S.T.B. 910 (2003). 
Instead, BNSF has filed under the trackage rights class exemption at 
1180.2(d)(7) and concurrently has filed, in BNSF Railway Company--
Temporary Trackage Rights Exemption--Union Pacific Railroad Company, 
Docket No. FD 35676 (Sub-No. 1), a petition for partial revocation 
of this exemption to permit these proposed local trackage rights to 
expire at midnight on December 31, 2012, as provided in the parties' 
agreement. The Board will address that petition in a separate 
decision.
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    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35676, 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 Karl Morell, Of Counsel, Ball Janik LLP, 655 
Fifteenth Street NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: October 1, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-24519 Filed 10-3-12; 8:45 am]
BILLING CODE 4915-01-P