[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Page 14664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04844]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36486 (Sub No. 4)]


Grainbelt Corporation--Trackage Rights Exemption--BNSF Railway 
Company

    Grainbelt Corporation (GNBC), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1180.2(d)(7) \1\ to extend 
the term of the previously amended, local trackage rights on trackage 
owned by BNSF Railway Company (BNSF) between approximately milepost 
668.73 in Long, Okla., and approximately milepost 723.30 in Quanah, 
Tex. (the Line), allowing GNBC to (1) use the Line to access the Plains 
Cotton Cooperative Association (PCCA) facility near BNSF Chickasha 
Subdivision milepost 688.6 at Altus, Okla., and (2) operate additional 
trains on the Line to accommodate the movement of trains transporting 
BNSF customers' railcars (loaded or empty) located along the Line, to 
unit train facilities on the Line (collectively, the PCCA Trackage 
Rights).\2\ GNBC and BNSF have entered into an amendment to extend the 
PCCA Trackage Rights until March 31, 2024.\3\
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    \1\ The pleadings in this docket were originally filed in Docket 
No. FD 36580, but given that the trackage rights at issue are the 
same as those in Docket No. FD 36486, this proceeding has been 
changed to a subdocket of that original proceeding.
    \2\ GNBC states that it originally acquired overhead trackage 
rights from BNSF's predecessor between Snyder Yard at milepost 
664.00 and Quanah at milepost 723.30 allowing GNBC to interchange at 
Quanah with BNSF and Union Pacific Railroad Company. According to 
GNBC, these original trackage rights were amended over the years to 
allow various local services to be provided. In 2021, BNSF and GNBC 
amended the trackage rights to include the PCCA Trackage Rights, see 
Grainbelt Corp.--Trackage Rts. Exemption--BNSF Ry., FD 36486 (STB 
served Mar. 12, 2021), and those trackage rights were extended in 
2022, see Grainbelt Corp.--Trackage Rts. Exemption--BNSF Ry., FD 
36486 (Sub No. 2) (STB served Mar. 8, 2022).
    \3\ GNBC states that its verified notice is related to a 
petition for partial revocation, in which GNBC seeks authority to 
allow the trackage rights at issue here to expire automatically on 
March 31, 2024, the termination date set forth in the amended 
trackage rights agreement. GNBC's petition for partial revocation 
will be addressed in a separate decision in Docket No. FD 36486 (Sub 
No. 5).
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    The transaction may be consummated on or after March 23, 2023, the 
effective date of the exemption (30 days after the verified notice was 
filed).
    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 & 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).
    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 for stay must be filed no later than March 16, 
2023 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36486 (Sub No. 4), must 
be filed with the Surface Transportation Board either via e-filing on 
the Board's website or in writing addressed to 395 E Street SW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on GNBC's representative, Eric M. Hocky, Clark Hill PLC, Two 
Commerce Square, 2001 Market Street, Suite 2620, Philadelphia, PA 
19103.
    According to GNBC, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: March 6, 2023.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2023-04844 Filed 3-8-23; 8:45 am]
BILLING CODE 4915-01-P