[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Pages 9924-9925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04139]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35999]


Olympia & Belmore Railroad, Inc.--Lease and Operation Exemption 
Including Interchange Commitment--BNSF Railway Company

    Olympia & Belmore Railroad, Inc. (OBRR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease from BNSF 
Railway Company (BNSF), and to operate, approximately 13.06 miles of 
rail consisting of the following: (1) 5.50 miles of track between 
milepost 9.07 near Olympia, Wa., and milepost 14.57 near Belmore, Wa., 
in Thurston County, Wa.; (2) incidental overhead trackage rights over 
approximately 7.56 miles of Union Pacific Railroad Company track 
between East Olympia, Wa., and Olympia, Wa.; and (3) joint use of 
terminal trackage at Olympia, Wa., pursuant to a lease agreement 
(Agreement) dated February 12, 2016.\1\
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    \1\ OBRR filed a confidential version of the Agreement with its 
notice of exemption to be kept confidential by the Board under 49 
CFR 1104.14(a) without need for the filing of an accompanying motion 
for protective order under 49 CFR 1104.14(b). OBRR states that 
exhibits to the Agreement that do not relate to or affect the 
interchange commitment have been omitted.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Genesee & Wyoming Inc.--Continuance in Control 
Exemption--Olympia & Belmore Railroad, Docket No. FD 36000, in which 
Genesee & Wyoming Inc. (GWI) seeks Board approval to continue in 
control of OBRR under 49 CFR 1180.2(d)(2), upon OBRR's becoming a Class 
III rail carrier.
    As required under 49 CFR 1150.43(h)(1), OBRR has disclosed in its 
verified notice that the subject Agreement contains an interchange 
commitment that affects interchange with carriers other than BNSF at 
the interchange point of East Olympia, Wa. OBRR has provided additional 
information regarding the interchange commitment as required by 49 CFR 
1150.43(h).

[[Page 9925]]

    OBRR certifies that the projected annual revenues do not exceed 
those that would qualify it as a Class III rail carrier and would not 
exceed $5 million.
    The transaction may be consummated on or after March 13, 2016 (30 
days after the notice of exemption was filed). If the verified 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. Petitions to 
stay must be filed no later than March 4, 2016 (at least seven days 
before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35999, 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 applicant's representative, Eric M. Hocky, 
Clark Hill, PLC, One Commerce Square, 2005 Market Street, Suite 1000, 
Philadelphia, PA 19103.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV''.

    Decided: February 23, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2016-04139 Filed 2-25-16; 8:45 am]
BILLING CODE 4915-01-P