[Federal Register Volume 90, Number 106 (Wednesday, June 4, 2025)]
[Notices]
[Page 23760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10157]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36486 (Sub-No. 9)]
Grainbelt Corporation--Trackage Rights Exemption--BNSF Railway
Company
By petition filed on April 1, 2025, Grainbelt Corporation (GNBC)
requests that the Board permit the trackage rights granted to it under
49 CFR 1180.2(d)(7) in Docket No. FD 36486 (Sub-No. 8) to expire under
the terms agreed to by GNBC and the grantor of the rights, BNSF Railway
Company (BNSF).
As explained by GNBC in its verified notice of exemption in Docket
No. FD 36486 (Sub-No. 8), GNBC and BNSF entered into an agreement to
extend the term of the previously amended, local trackage rights on
trackage owned by 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).
GNBC Verified Notice of Exemption 1, Apr. 1, 2025, Grainbelt Corp.--
Trackage Rts. Exemption--BNSF Ry., FD 36486 (Sub-No. 8). According to
GNBC, it filed its verified notice of exemption under the Board's
trackage rights class exemption at 49 CFR 1180.2(d)(7), instead of the
temporary trackage rights exemption at 49 CFR 1180.2(d)(8), because the
trackage rights covered by the notice are local rather than overhead.
(GNBC Pet 3.)
In its petition, GNBC asks the Board to partially revoke the
exemption as necessary to permit the trackage rights to expire on March
30, 2026, pursuant to the parties' agreement. (GNBC Pet. 1, 3.) GNBC
argues that granting this petition would promote the rail
transportation policy at 49 U.S.C. 10101, would be consistent with the
limited scope of the transaction, and would not have an adverse effect
on shippers. (GNBC Pet. 4.) In addition, GNBC asserts that the Board
has granted similar petitions for partial revocation to permit
temporary trackage rights to expire, including petitions involving
prior iterations of the trackage rights agreement at issue here. (Id.
at 4-5.)
Discussion and Conclusions
Although GNBC and BNSF have expressly agreed on the duration of the
proposed PCCA Trackage Rights, trackage rights approved under the class
exemption at 49 CFR 1180.2(d)(7) typically remain effective
indefinitely, regardless of any contractual provisions. At times,
however, the Board has taken action to allow such rights to expire
after a limited time rather than lasting in perpetuity, based on the
parties' agreement. See, e.g., Grainbelt Corp.--Trackage Rts.
Exemption--BNSF Ry., FD 36486 (Sub-No. 7) (STB served May 1, 2024)
(allowing trackage rights under 49 CFR 1180.2(d)(7) to expire).
Permitting the trackage rights to expire as agreed to by the
parties would eliminate the need for GNBC to separately seek
discontinuance authority at a later date, thereby minimizing the need
for federal regulatory control (49 U.S.C. 10101(2)), reducing
regulatory barriers to entry into and exit from the rail industry (49
U.S.C. 10101(7)), and allowing for the expeditious handling and
resolution of this transaction (49 U.S.C. 10101(15)). Moreover, doing
so is consistent with the limited scope of the transaction previously
exempted.\1\ Therefore, the Board will grant the petition and permit
the trackage rights exempted in Docket No. FD 36486 (Sub-No. 8) to
expire on March 30, 2026.
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\1\ Because the proposed transaction is of limited scope, the
Board need not make a market power finding. See 49 U.S.C. 10502(a).
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To provide the statutorily mandated protection to any employee
adversely affected by the discontinuance of trackage rights, the Board
will impose the employee protective conditions set forth in Oregon
Short Line Railroad--Abandonment Portion Goshen Branch Between Firth &
Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
This action is categorically excluded from environmental review
under 49 CFR 1105.6(c).
It is ordered:
1. GNBC's petition to permit expiration of the trackage rights in
Docket No. FD 36486 (Sub-No. 8) per the agreement of the parties is
granted.
2. As discussed above, the trackage rights in Docket No. FD 36486
(Sub-No. 8) are permitted to expire on March 26, 2026, subject to the
employee protective conditions set forth in Oregon Short Line.
3. Notice of this decision will be published in the Federal
Register.
4. This decision is effective on July 4, 2025. Petitions for stay
must be filed by June 16, 2025. Petitions for reconsideration must be
filed by June 24, 2025.
Decided: May 29, 2025.
By the Board, Board Members Fuchs, Hedlund, Primus, and Schultz.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2025-10157 Filed 6-3-25; 8:45 am]
BILLING CODE 4915-01-P