Burlington Shortline Railroad, Inc. d/b/a Burlington Junction Railway-Lease and Operation Exemption-BNSF Railway Company, 69375 [E9-31038]

Download as PDF Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Notices petitioner is exempted from the obligation of providing notification of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118 and 30120. Authority: 49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: December 23, 2009. Claude Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E9–31080 Filed 12–30–09; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35333] Burlington Shortline Railroad, Inc. d/b/a Burlington Junction Railway— Lease and Operation Exemption— BNSF Railway Company erowe on DSK5CLS3C1PROD with NOTICES Burlington Shortline Railroad, Inc. d/ b/a Burlington Junction Railway (BJRY), a Class III carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease and to operate, pursuant to a lease agreement (Agreement) entered into on December 4, 2009, with BNSF Railway Company (BNSF), approximately 3.5 miles of BNSF’s rail line (the Valley Park Lines), and currently operated by Missouri and Valley Park Railroad (MVPR),1 between milepost 18.36 and milepost 20.50, near West Valley Park, St. Louis County, MO.2 BJRY states that the Valley Park Lines connect with BNSF’s Cuba Subdivision Main Line at milepost 18.36. BJRY also states that its Agreement does not prohibit BJRY from interchanging with other carriers. The Agreement does contain a provision requiring BJRY to remit supplemental rent to BNSF for each carload originating or terminating on the Valley Park Lines that is interchanged with a carrier other than BNSF. Accordingly, BJRY has concurrently filed with its notice a complete version of the Agreement, marked ‘‘confidential’’ and submitted under seal pursuant to 49 CFR 1104.14(a) and 1150.43(h)(1)(ii). BJRY certifies that its projected annual revenues as a result of this transaction would not result in BJRY 1 MVPR’s operations on the Valley Park Lines will terminate on January 29, 2010. 2 The rail properties being leased consist of industrial trackage and yard office buildings located on the South Side of BNSF’s Cuba Subdivision Main Line, including all of BNSF’s trackage and other improvements located adjacent to BNSF’s Main Line, and an office building owned by BNSF located at 2150 Bowles Avenue, in Fenton, MO. VerDate Nov<24>2008 15:06 Dec 30, 2009 Jkt 220001 becoming a Class II or Class I rail carrier and further certifies that its projected revenues will not exceed $5 million. BJRY states that it intends to assume operation of the Valley Park Lines and related properties on or about January 30, 2010. The earliest this transaction may be consummated is January 14, 2010, the effective date of the exemption (30 days after the 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 for stay must be filed no later than January 7, 2010 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35333, 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 James H.M. Savage, Of Counsel, John D. Heffner, PLLC, 1750 K Street, NW., Suite 200, Washington, DC 20006. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: December 24, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. E9–31038 Filed 12–30–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34554 (Sub-No. 12)] Union Pacific Railroad Company— Temporary Trackage Rights Exemption—BNSF Railway Company Pursuant to a modified written trackage rights agreement dated December 15, 2009, BNSF Railway Company (BNSF) has agreed to extend the December 31, 2009 expiration date of the local trackage rights granted to the Union Pacific Railroad Company (UP) 1 1 UP submits that the trackage rights being granted here are only temporary rights, but, because they are ‘‘local’’ rather than ‘‘overhead’’ rights, they do not qualify for the Board’s class exemption for temporary trackage rights at 49 CFR 1180.2(d)(8). See Railroad Consolidation Procedures, 6 S.T.B. 910 (2003). Therefore, UP concurrently has filed a petition for partial revocation of this exemption in STB Finance Docket No. 34554 (Sub-No. 13), Union PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 69375 over a BNSF line of railroad extending from BNSF milepost 579.3 near Mill Creek, OK, to BNSF milepost 631.1 near Joe Junction, TX, a distance of approximately 52 miles.2 The transaction is scheduled to be consummated on January 22, 2010. The purpose of this transaction is to modify the temporary trackage rights exempted in STB Finance Docket No. 34554 (Sub-No. 10) to further extend the expiration date to on or about December 18, 2010. The modified trackage rights will permit UP to continue to move loaded and empty ballast trains for use in its maintenance-of-way projects. As a condition to this exemption, any employee affected by the trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If it contains false or misleading information, the exemption is void ab initio. Petitions to revoke the Pacific Railroad Company–Temporary Trackage Rights Exemption–BNSF Railway Company, wherein UP requests that the Board permit the proposed local trackage rights arrangement described in the present proceeding to expire on or about December 18, 2010, as provided in the parties’ agreement. That petition will be addressed by the Board in a separate decision. 2 The trackage rights were originally granted in Union Pacific Railroad Company–Temporary Trackage Rights Exemption–The Burlington Northern and Santa Fe Railway Company, STB Finance Docket No. 34554 (STB served Oct. 7, 2004). Subsequently, the parties filed notices of exemption several times based on their agreements to extend expiration dates of the same trackage rights. See STB Finance Docket No. 34554 (Sub-No. 2) (decision served February 11, 2005); STB Finance Docket No. 34554 (Sub-No. 4) (decision served March 3, 2006); STB Finance Docket No. 34554 (Sub-No. 6) (decision served January 12, 2007); STB Finance Docket No. 34554 (Sub-No. 8) (decision served January 4, 2008); and STB Finance Docket No. 34554 (Sub-No. 10) (decision served January 8, 2009). Because the original and subsequent trackage rights notices were filed under the class exemption at 49 CFR 1180.2(d)(7), under which trackage rights normally remain effective indefinitely, in each instance the Board granted partial revocation of the class exemption to permit the authorized trackage rights to expire. See STB Finance Docket No. 34554 (Sub-No. 1) (decision served November 24, 2004); STB Finance Docket No. 34554 (Sub-No. 3) (decision served March 25, 2005); STB Finance Docket No. 34554 (Sub-No. 5) (decision served March 23, 2006); STB Finance Docket No. 34554 (Sub-No. 7) (decision served March 13, 2007); STB Finance Docket No. 34554 (Sub-No. 9) (decision served March 20, 2008); and STB Finance Docket No. 34554 (Sub-No. 11) (decision served March 11, 2009). At the time of the extension authorized in STB Finance Docket No. 34554 (Sub-No. 10), the parties anticipated that the authority to allow the rights to expire would be exercised by December 31, 2009. However, the parties filed on December 18, 2009 in STB Finance Docket No. 34554 (Sub-No. 12) their most recent notice of exemption to allow the trackage rights to be extended to on or about December 18, 2010, which we are addressing here. E:\FR\FM\31DEN1.SGM 31DEN1

Agencies

[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Notices]
[Page 69375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31038]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35333]


Burlington Shortline Railroad, Inc. d/b/a Burlington Junction 
Railway--Lease and Operation Exemption--BNSF Railway Company

    Burlington Shortline Railroad, Inc. d/b/a Burlington Junction 
Railway (BJRY), a Class III carrier, has filed a verified notice of 
exemption under 49 CFR 1150.41 to lease and to operate, pursuant to a 
lease agreement (Agreement) entered into on December 4, 2009, with BNSF 
Railway Company (BNSF), approximately 3.5 miles of BNSF's rail line 
(the Valley Park Lines), and currently operated by Missouri and Valley 
Park Railroad (MVPR),\1\ between milepost 18.36 and milepost 20.50, 
near West Valley Park, St. Louis County, MO.\2\
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    \1\ MVPR's operations on the Valley Park Lines will terminate on 
January 29, 2010.
    \2\ The rail properties being leased consist of industrial 
trackage and yard office buildings located on the South Side of 
BNSF's Cuba Subdivision Main Line, including all of BNSF's trackage 
and other improvements located adjacent to BNSF's Main Line, and an 
office building owned by BNSF located at 2150 Bowles Avenue, in 
Fenton, MO.
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    BJRY states that the Valley Park Lines connect with BNSF's Cuba 
Subdivision Main Line at milepost 18.36. BJRY also states that its 
Agreement does not prohibit BJRY from interchanging with other 
carriers. The Agreement does contain a provision requiring BJRY to 
remit supplemental rent to BNSF for each carload originating or 
terminating on the Valley Park Lines that is interchanged with a 
carrier other than BNSF. Accordingly, BJRY has concurrently filed with 
its notice a complete version of the Agreement, marked ``confidential'' 
and submitted under seal pursuant to 49 CFR 1104.14(a) and 
1150.43(h)(1)(ii).
    BJRY certifies that its projected annual revenues as a result of 
this transaction would not result in BJRY becoming a Class II or Class 
I rail carrier and further certifies that its projected revenues will 
not exceed $5 million.
    BJRY states that it intends to assume operation of the Valley Park 
Lines and related properties on or about January 30, 2010. The earliest 
this transaction may be consummated is January 14, 2010, the effective 
date of the exemption (30 days after the 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 for stay must be filed no later than January 7, 
2010 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35333, 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 James H.M. Savage, Of Counsel, 
John D. Heffner, PLLC, 1750 K Street, NW., Suite 200, Washington, DC 
20006.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 24, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. E9-31038 Filed 12-30-09; 8:45 am]
BILLING CODE 4915-01-P