Santa Teresa Southern Railroad, LLC-Operation Exemption-Rail Line of Verde Logistics Railroad, LLC at Santa Teresa, Dona Ana County, NM, 14058 [2012-5660]

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14058 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Notices connect with any of the railroads owned by CGX or Ironhorse; (2) the continuance in control is not part of a series of anticipated transactions that would connect the rail lines with any other railroads in their corporate family; and (3) the transaction does not involve a Class I rail carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). The parties state that the purpose of the proposed transaction is the achievement of operating efficiency and economy. Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for labor protection for transactions under sections 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because all of the carriers involved are Class III carriers. 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 15, 2012 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35600, 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 Thomas F. McFarland, 208 South LaSalle Street Suite 1890, Chicago, IL 60604–1112. Board decisions and notices are available on our Web site at www.stb.dot.gov. wreier-aviles on DSK5TPTVN1PROD with NOTICES Decided: March 5, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–5662 Filed 3–7–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35599] Santa Teresa Southern Railroad, LLC— Operation Exemption—Rail Line of Verde Logistics Railroad, LLC at Santa Teresa, Dona Ana County, NM Santa Teresa Southern Railroad, LLC (STSR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate approximately 12,000 feet of rail line owned by Verde Logistics Railroad, LLC (Verde). The rail line extends between a point of connection with Union Pacific Railroad Company (UP) at or near milepost 1280 on UP’s Lordsburg Subdivision and terminus at Strauss Road 1 at or near Santa Teresa, Dona Ana County, N.M. STSR states that it has entered into an Operating Agreement with Verde for STSR to provide common carrier rail service to shippers and receivers located in the Santa Teresa Logistics Industrial Park. This transaction is related to a concurrently filed verified notice of exemption in Gregory B. Cundiff, et al.—Continuance in Control Exemption—Santa Teresa Southern Railroad, LLC, Docket No. FD 35600, wherein Mr. Gregory B. Cundiff and others seek Board approval to continue in control of STSR upon STSR’s becoming a Class III rail carrier. According to STSR, the transaction is expected to be consummated no sooner than 30 days after filing its notice with the Board. The earliest this transaction can be consummated is March 22, 2012, the effective date of the exemption (30 days after the notice of exemption was filed). STSR certifies that its projected annual revenues as a result of this transaction will not exceed $5 million and will not result in its becoming a Class I or Class II rail carrier. 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 15, 2012 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35599, must be filed with the Surface Transportation Board, 395 E Street SW., 1 STSR states that Strauss Road has been designed but has not yet been constructed. VerDate Mar<15>2010 15:20 Mar 07, 2012 Jkt 226001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Thomas F. McFarland, 208 South LaSalle Street, Suite 1890, Chicago, IL 60604–1112. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: March 5, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–5660 Filed 3–7–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35601] 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 trackage rights to BNSF Railway Company (BNSF) over a portion of a line of railroad known as the Lockport Branch, between milepost 0.1 at Raceland Junction and milepost 14.2 at Jay, a distance of 14.1 miles, in Lafourche Parish, La. (the Line).1 The earliest this transaction may be consummated is March 22, 2012, the effective date of the exemption (30 days after the notice was filed). BNSF states that it is seeking trackage rights authority to protect its interests in the Lockport Branch. In Docket No. AB 33 (Sub-No. 277X), UP filed a verified notice of exemption to abandon most of the Lockport Branch over which BNSF now seeks trackage rights authority.2 BNSF has asserted, in that abandonment proceeding, that it has authority sanctioned by the Board to provide service on the Line. UP has contested 1 A copy of the trackage rights agreement was submitted with the notice of exemption. BNSF states that this agreement, dated August 1, 2000 (First Supplemental Agreement), is a supplement to the Trackage Rights Agreement dated September 10, 1998, between UP and BNSF, which was authorized by the Board in Burlington Northern & Santa Fe Railway Co.—Trackage Rights Exemption—Union Pacific Railroad Co., FD 33663 (STB served Oct. 19, 1998). BNSF adds that, while the First Supplemental Agreement covers all former Southern Pacific Transportation Company branches connecting to the rail line between Dawes, Tex., and Avondale, La., in this proceeding BNSF seeks trackage rights authority only over the portion of the Lockport Branch between milepost 0.1 and milepost 14.2. 2 Specifically, UP seeks authority to abandon the portion of the Lockport Branch between milepost 1.7 and milepost 14.2. E:\FR\FM\08MRN1.SGM 08MRN1

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[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Page 14058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5660]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35599]


Santa Teresa Southern Railroad, LLC--Operation Exemption--Rail 
Line of Verde Logistics Railroad, LLC at Santa Teresa, Dona Ana County, 
NM

    Santa Teresa Southern Railroad, LLC (STSR), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to operate 
approximately 12,000 feet of rail line owned by Verde Logistics 
Railroad, LLC (Verde). The rail line extends between a point of 
connection with Union Pacific Railroad Company (UP) at or near milepost 
1280 on UP's Lordsburg Subdivision and terminus at Strauss Road \1\ at 
or near Santa Teresa, Dona Ana County, N.M. STSR states that it has 
entered into an Operating Agreement with Verde for STSR to provide 
common carrier rail service to shippers and receivers located in the 
Santa Teresa Logistics Industrial Park.
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    \1\ STSR states that Strauss Road has been designed but has not 
yet been constructed.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Gregory B. Cundiff, et al.--Continuance in Control 
Exemption--Santa Teresa Southern Railroad, LLC, Docket No. FD 35600, 
wherein Mr. Gregory B. Cundiff and others seek Board approval to 
continue in control of STSR upon STSR's becoming a Class III rail 
carrier.
    According to STSR, the transaction is expected to be consummated no 
sooner than 30 days after filing its notice with the Board. The 
earliest this transaction can be consummated is March 22, 2012, the 
effective date of the exemption (30 days after the notice of exemption 
was filed).
    STSR certifies that its projected annual revenues as a result of 
this transaction will not exceed $5 million and will not result in its 
becoming a Class I or Class II rail carrier.
    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 15, 2012 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35599, 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 Thomas F. McFarland, 208 South LaSalle 
Street, Suite 1890, Chicago, IL 60604-1112.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: March 5, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-5660 Filed 3-7-12; 8:45 am]
BILLING CODE 4915-01-P