[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Page 63564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25014]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35770]


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

    Pursuant to a written trackage rights agreement, Union Pacific 
Railroad Company (UP) has agreed to grant overhead trackage rights to 
BNSF Railway Company (BNSF) over the following UP rail lines: (1) From 
Houston, Tex. (Tower 81), on the UP Harrisburg Subdivision at milepost 
4.6 to the beginning of UP's Glidden Subdivision at milepost 13.6, and 
on to Rosenberg, Tex. (Tower 17), on UP's Glidden Subdivision at 
milepost 36.3 (Rosenburg Route); and (2) from the Clinton Industrial 
Lead connection, at the Terminal Subdivision at milepost 359.6, to the 
Houston Public Elevator 2 (HPE2) (Clinton Route).\1\
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    \1\ A redacted copy of the trackage rights agreement was filed 
with the verified notice of exemption. An unredacted version was 
filed under seal along with a motion for protective order, which 
will be addressed in a separate decision.
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    This transaction will be consummated on or shortly after the 
effective date of this exemption, November 7, 2013.\2\
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    \2\ This notice was scheduled to be published in the Federal 
Register during the time that the agency was closed due to a lapse 
in appropriations. Because publication of this notice has been 
delayed, the effective date of the exemption will also be delayed to 
provide adequate notice to the public.
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    The purpose of this transaction is to enable BNSF to make overhead 
movements of all commodities over the Rosenburg Route and overhead 
movements of grain consigned to HPE2 and empty grain cars in 
return over the Clinton Route.
    As a condition to this exemption, any employees 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). 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 October 31, 2013 (at least seven days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35770, 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: October 21, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-25014 Filed 10-23-13; 8:45 am]
BILLING CODE 4915-01-P