[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Notices]
[Page 32709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12939]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35739]


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

    Union Pacific Railroad Company (UP), pursuant to a written trackage 
rights agreement dated May 16, 2013, has agreed to grant temporary 
overhead trackage rights to BNSF Railway Company (BNSF) over: (1) UP's 
Black Butte Subdivision, between UP milepost 427.4 at Klamath Falls, 
Or., and UP milepost 321.4 at Dunsmuir, Cal.; and (2) UP's Valley 
Subdivision, between UP milepost 321.4 at Dunsmuir, Cal., and UP 
milepost 141.8 at Marysville, Cal., a total distance of 285.6 miles.
    The transaction may be consummated on or after June 16, 2013, the 
effective date of the exemption (30 days after the verified notice of 
exemption was filed). The temporary trackage rights are scheduled to 
expire on June 23, 2013. The purpose of the temporary trackage rights 
is to permit BNSF to facilitate maintenance work on BNSF rail lines.
    As a condition to this exemption, any employees affected by the 
acquisition of the trackage rights will be protected by the conditions 
imposed in Norfolk and Western Railway--Trackage Rights--Burlington 
Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast 
Railway, Inc.--Lease and Operate--California Western Railroad, 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 
Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between 
Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 
(1979).
    This notice is filed under 49 CFR 1180.2(d)(8). 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. Petitions for stay must be 
filed no later than June 7, 2013 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35739, 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, 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: May 24, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2013-12939 Filed 5-30-13; 8:45 am]
BILLING CODE 4915-01-P