BNSF Railway Company and Union Pacific Railroad Company-Joint Relocation Project Exemption-in Lincoln, Neb., 56160-56161 [2010-22657]
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56160
Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Notices
By order of the Maritime Administrator.
Christine Gurland,
Secretary, Maritime Administration.
[FR Doc. 2010–23010 Filed 9–14–10; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35415]
srobinson on DSKHWCL6B1PROD with NOTICES
BNSF Railway Company and Union
Pacific Railroad Company—Joint
Relocation Project Exemption—in
Lincoln, Neb.
On August 30, 2010, BNSF Railway
Company (BNSF) and Union Pacific
Railroad Company (UP) jointly filed a
verified notice of exemption under 49
CFR 1180.2(d)(5) to participate in a joint
project involving the relocation of
certain tracks over which they currently
both operate, or have authority to
operate, in the City of Lincoln,
Lancaster County, Neb. (the City).
The purpose of the joint relocation
project is to facilitate the redevelopment
of the West Haymarket District and
Downtown Lincoln (referred to as the
West Haymarket Project). To allow for
the redevelopment to proceed, BNSF
must remove certain existing tracks and
relocate its operations over tracks that
will run parallel to the existing lines.
UP will allow a portion of a previously
abandoned line to be utilized in the
project.
BNSF and UP will jointly relocate
tracks over which they both currently
operate, or have authority to operate, as
follows:
BNSF owns a rail line beginning
south of Sun Valley Boulevard (near UP
milepost 56.50) that crosses Salt Creek
and continues into a wye a short
distance east of Salt Creek. The east leg
of the wye (Track 460) extends in an
easterly direction to a connection with
a BNSF main line, which, in turn,
connects with the Omaha, Lincoln, &
Beatrice Railway and extends beyond to
Omaha, Neb. The west leg of the wye
(Track 324) extends in an easterly and
then southerly direction to BNSF’s
Hobson Yard in the City.
UP has overhead trackage rights over
the east leg of the wye between BNSF
milepost 0.65 and BNSF milepost 56.92.
See Union Pac. R.R.—Trackage Rights
Exemption—The Burlington N. & Santa
Fe Ry., FD 33403 (STB served June 3,
1997); Union Pac. R.R.—Amendment of
Trackage Rights Exemption—BNSF Ry.,
FD 30868 (Sub-No. 1) (STB served July
20, 2006). UP also leases: (1) The BNSF
line near Sun Valley Boulevard
(beginning near UP milepost 56.50) to
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18:57 Sep 14, 2010
Jkt 220001
the beginning point of the wye at BNSF
milepost 0.62 (referred to as the Sun
Valley Segment); and (2) the west leg of
the BNSF wye from BNSF milepost 0.62
to BNSF milepost 59.4.
The joint relocation project that is the
subject of this notice involves
abandoning the Sun Valley Segment and
relocating the existing wye tracks a
short distance to the south. The
underlying real estate will be conveyed
to the City. BNSF will remove the tracks
on the Sun Valley Segment and UP will
reconstruct its parallel line which it had
previously abandoned.1 The new UP
line will be located between UP
milepost 56.50 and UP milepost 56.68,
a short distance east of Salt Creek and
crossing over Salt Creek using an
existing UP bridge (UP track). The UP
track will be owned and maintained by
UP. BNSF will be granted trackage
rights over the UP track.
The new east wye track will be
located between new BNSF milepost 0.0
and BNSF milepost 59.24 where it will
connect with BNSF’s number 1 main
line (new east wye). The new east wye
will be owned and maintained by BNSF.
UP will be granted trackage rights over
the new east wye. The new west wye
will be located between new milepost
BNSF 0.0 and BNSF milepost 59.55
where it will connect with BNSF’s
number 1 main line (new west wye).
The new west wye will be owned and
maintained by BNSF. UP’s lease of the
existing west wye and the Sun Valley
Segment will be terminated. UP will
retain existing operating rights
incidental to interchange to Hobson
Yard which includes the new west wye.
Applicants state that the proposed
joint relocation project will not disrupt
service to shippers. There are no
shippers on the Sun Valley Segment, the
existing east wye or the existing west
wye lines. Applicants also state that the
construction of the UP track, the new
east wye and the new west wye will not
involve an expansion of service by
either carrier into new territory, or alter
the existing competitive situation, but
will simply preserve BNSF’s and UP’s
ability to continue to serve the existing
customers in the area.
The Board will exercise jurisdiction
over the abandonment, construction, or
sale components of a relocation project,
and require separate approval or
exemption, only where the removal of
track affects service to shippers or the
construction of new track or transfer of
existing track involves expansion into
new territory. See City of Detroit v.
1 See Union Pac. R.R.—Aban. Exemption—in
Lancaster County, Neb., AB 33 (Sub-No. 207X) (STB
served Sept. 30, 2003).
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Canadian Nat’l Ry., 9 I.C.C.2d 1208
(1993), aff’d sub nom. Detroit/Wayne
Cnty. Port Authority v. ICC, 59 F.3d
1314 (DC Cir. 1995); Flats Indus. R.R. &
Norfolk S. Ry.—Joint Relocation Project
Exemption—in Cleveland, Ohio, FD
34108 (STB served Nov. 15, 2001). Line
relocation projects may embrace
trackage rights transactions such as
those involved here. See Detroit, Toledo
& Ironton R.R.—Trackage Rights—
Between Washington Court House &
Greggs, Ohio—Exemption, 363 I.C.C.
878 (1981). Under these standards, the
incidental abandonment, construction,
lease and trackage rights components of
this relocation project require no
separate approval or exemption because
the relocation project will not disrupt
service to shippers, expand BNSF’s or
UP’s service into a new territory, or alter
the existing competitive situation, and
thus, this joint relocation project
qualifies for the class exemption at 49
CFR 1180.2(d)(5).
As a condition to this exemption, any
employees affected by the trackage
rights will be protected by the
conditions imposed in Norfolk and
Western Railway—Trackage Rights—
Burlington Northern, Inc., 354 I.C.C. 605
(1978), as modified in Mendocino Coast
Railway—Lease and Operate-California
Western Railroad, 360 I.C.C. 653 (1980).
The transaction may be consummated
on or after September 29, 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 September 22,
2010 (at least 7 days before the
exemption becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35415, 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 applicants’ representatives:
Karl Morell, Of Counsel, Ball Janik LLP,
Suite 225, 1455 F Street, NW.,
Washington, DC 20005; and Mack H.
Shummate, Jr., Senior General Attorney,
101 North Wacker Drive, #1920,
Chicago, IL 60606.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: September 3, 2010.
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Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Notices
By the Board, Joseph H. Dettmar, Acting
Director, Office of Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010–22657 Filed 9–14–10; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35408]
Stillwater Central Railroad, Inc.—
Trackage Rights Exemption—BNSF
Railway Company
Pursuant to a written trackage rights
agreement (Trackage Agreement) dated
December 29, 2004, BNSF Railway
Company (BNSF) granted approximately
5.5 miles of incidental overhead
trackage rights to Stillwater Central
Railroad, Inc. (SLWC), extending
between: (1) Milepost 384.6 and
milepost 390.0, on the Red Rock
Subdivision, in Oklahoma City, Okla.;
and (2) a point 500 feet west of the wye
connecting the Packing Town Lead and
the point of connection between the
Packing Town Lead and BNSF’s Red
Rock Subdivision.1 Now, pursuant to
srobinson on DSKHWCL6B1PROD with NOTICES
1 In Stillwater Central Railroad, Inc.—Lease
Exemption—The Burlington Northern and Santa Fe
Railway Co., FD 34610 (STB served Jan. 19, 2005),
SLWC was authorized to acquire by lease and to
operate approximately 12.6 miles of rail line from
BNSF between: (1) Milepost 549.01 at Wheatland,
Okla., and milepost 542.0 at Oklahoma City,
including the Dayton Lead in Wheatland; (2)
milepost 540.0 west of the BNSF North Yard, in
Oklahoma City, and milepost 536.4 in Oklahoma
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18:57 Sep 14, 2010
Jkt 220001
the Trackage Agreement and a First
Amendment, BNSF has agreed to amend
SLWC’s existing overhead trackage
rights to grant SLWC: (1) Overhead
trackage rights between milepost 383.0,
at Oklahoma City, and milepost 394.5,
south of Flynn Yard in Oklahoma City,
including the wye connecting the east
end of the Packing Town Lead to the
Red Rock Subdivision; and (2) local
trackage rights to serve the Cargill
Animal Nutrition Facility (Cargill
Facility) on the Packing Town Lead
using tracks 7405–0801 and 7405–0802.
The transaction is scheduled to be
consummated on September 29, 2010,
the effective date of the exemption (30
days after the exemption was filed). The
purpose of the First Amendment is to
permit SLWC to provide local service to
the Cargill Facility. According to SLWC,
the First Amendment will also correct a
minor typographical error in the
Trackage Agreement and an inadvertent
error in the description of the mileposts
set forth in SLWC’s notice of exemption
in Docket No. FD 34610.2
As a condition to this exemption, any
employees affected by the trackage
City, including the North Yard; and (3) milepost 0.0
on the Packing Town Lead, and a point 500 feet
west of the wye connecting the Packing Town Lead
with BNSF’s Red Rock Subdivision, in addition to
the 5.5 miles of incidental overhead trackage rights
described herein.
2 On September 8, 2010, SLWC filed a letter
stating that it had incorrectly sought overhead
trackage rights between mileposts 384.6 and 390.0
on the Red Rock Subdivision granted in FD 34610.
SLWC states that the correct mileposts should have
been 383.0 and 394.5, as reflected in its notice of
exemption in FD 35408.
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Fmt 4703
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56161
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, Inc.—Lease and Operate—
California Western Railroad, 360 I.C.C.
653 (1980).
This notice is filed under 49 CFR
1180.2(d)(7). If the 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. Stay petitions must be
filed by September 22, 2010 (at least 7
days before the exemption becomes
effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35408, 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 Karl Morell, Of Counsel,
Ball Janik LLP, Suite 225, 1455 F Street,
NW., Washington, DC 20005.
Board decisions and notices are
available on our Web site at
‘‘WWW.STB.DOT.GOV.’’
Decided: September 10, 2010.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010–22960 Filed 9–14–10; 8:45 am]
BILLING CODE 4915–01–P
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Agencies
[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Notices]
[Pages 56160-56161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22657]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35415]
BNSF Railway Company and Union Pacific Railroad Company--Joint
Relocation Project Exemption--in Lincoln, Neb.
On August 30, 2010, BNSF Railway Company (BNSF) and Union Pacific
Railroad Company (UP) jointly filed a verified notice of exemption
under 49 CFR 1180.2(d)(5) to participate in a joint project involving
the relocation of certain tracks over which they currently both
operate, or have authority to operate, in the City of Lincoln,
Lancaster County, Neb. (the City).
The purpose of the joint relocation project is to facilitate the
redevelopment of the West Haymarket District and Downtown Lincoln
(referred to as the West Haymarket Project). To allow for the
redevelopment to proceed, BNSF must remove certain existing tracks and
relocate its operations over tracks that will run parallel to the
existing lines. UP will allow a portion of a previously abandoned line
to be utilized in the project.
BNSF and UP will jointly relocate tracks over which they both
currently operate, or have authority to operate, as follows:
BNSF owns a rail line beginning south of Sun Valley Boulevard (near
UP milepost 56.50) that crosses Salt Creek and continues into a wye a
short distance east of Salt Creek. The east leg of the wye (Track 460)
extends in an easterly direction to a connection with a BNSF main line,
which, in turn, connects with the Omaha, Lincoln, & Beatrice Railway
and extends beyond to Omaha, Neb. The west leg of the wye (Track 324)
extends in an easterly and then southerly direction to BNSF's Hobson
Yard in the City.
UP has overhead trackage rights over the east leg of the wye
between BNSF milepost 0.65 and BNSF milepost 56.92. See Union Pac.
R.R.--Trackage Rights Exemption--The Burlington N. & Santa Fe Ry., FD
33403 (STB served June 3, 1997); Union Pac. R.R.--Amendment of Trackage
Rights Exemption--BNSF Ry., FD 30868 (Sub-No. 1) (STB served July 20,
2006). UP also leases: (1) The BNSF line near Sun Valley Boulevard
(beginning near UP milepost 56.50) to the beginning point of the wye at
BNSF milepost 0.62 (referred to as the Sun Valley Segment); and (2) the
west leg of the BNSF wye from BNSF milepost 0.62 to BNSF milepost 59.4.
The joint relocation project that is the subject of this notice
involves abandoning the Sun Valley Segment and relocating the existing
wye tracks a short distance to the south. The underlying real estate
will be conveyed to the City. BNSF will remove the tracks on the Sun
Valley Segment and UP will reconstruct its parallel line which it had
previously abandoned.\1\ The new UP line will be located between UP
milepost 56.50 and UP milepost 56.68, a short distance east of Salt
Creek and crossing over Salt Creek using an existing UP bridge (UP
track). The UP track will be owned and maintained by UP. BNSF will be
granted trackage rights over the UP track.
---------------------------------------------------------------------------
\1\ See Union Pac. R.R.--Aban. Exemption--in Lancaster County,
Neb., AB 33 (Sub-No. 207X) (STB served Sept. 30, 2003).
---------------------------------------------------------------------------
The new east wye track will be located between new BNSF milepost
0.0 and BNSF milepost 59.24 where it will connect with BNSF's number 1
main line (new east wye). The new east wye will be owned and maintained
by BNSF. UP will be granted trackage rights over the new east wye. The
new west wye will be located between new milepost BNSF 0.0 and BNSF
milepost 59.55 where it will connect with BNSF's number 1 main line
(new west wye). The new west wye will be owned and maintained by BNSF.
UP's lease of the existing west wye and the Sun Valley Segment will be
terminated. UP will retain existing operating rights incidental to
interchange to Hobson Yard which includes the new west wye.
Applicants state that the proposed joint relocation project will
not disrupt service to shippers. There are no shippers on the Sun
Valley Segment, the existing east wye or the existing west wye lines.
Applicants also state that the construction of the UP track, the new
east wye and the new west wye will not involve an expansion of service
by either carrier into new territory, or alter the existing competitive
situation, but will simply preserve BNSF's and UP's ability to continue
to serve the existing customers in the area.
The Board will exercise jurisdiction over the abandonment,
construction, or sale components of a relocation project, and require
separate approval or exemption, only where the removal of track affects
service to shippers or the construction of new track or transfer of
existing track involves expansion into new territory. See City of
Detroit v. Canadian Nat'l Ry., 9 I.C.C.2d 1208 (1993), aff'd sub nom.
Detroit/Wayne Cnty. Port Authority v. ICC, 59 F.3d 1314 (DC Cir. 1995);
Flats Indus. R.R. & Norfolk S. Ry.--Joint Relocation Project
Exemption--in Cleveland, Ohio, FD 34108 (STB served Nov. 15, 2001).
Line relocation projects may embrace trackage rights transactions such
as those involved here. See Detroit, Toledo & Ironton R.R.--Trackage
Rights--Between Washington Court House & Greggs, Ohio--Exemption, 363
I.C.C. 878 (1981). Under these standards, the incidental abandonment,
construction, lease and trackage rights components of this relocation
project require no separate approval or exemption because the
relocation project will not disrupt service to shippers, expand BNSF's
or UP's service into a new territory, or alter the existing competitive
situation, and thus, this joint relocation project qualifies for the
class exemption at 49 CFR 1180.2(d)(5).
As a condition to this exemption, any employees affected by the
trackage rights will be protected by the conditions imposed in Norfolk
and Western Railway--Trackage Rights--Burlington Northern, Inc., 354
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease and
Operate-California Western Railroad, 360 I.C.C. 653 (1980).
The transaction may be consummated on or after September 29, 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 September 22,
2010 (at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35415, 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 applicants' representatives: Karl Morell, Of
Counsel, Ball Janik LLP, Suite 225, 1455 F Street, NW., Washington, DC
20005; and Mack H. Shummate, Jr., Senior General Attorney, 101 North
Wacker Drive, 1920, Chicago, IL 60606.
Board decisions and notices are available on our Web site at https://www.stb.dot.gov.
Decided: September 3, 2010.
[[Page 56161]]
By the Board, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-22657 Filed 9-14-10; 8:45 am]
BILLING CODE 4915-01-P