Stillwater Central Railroad, Inc.-Trackage Rights Exemption-BNSF Railway Company, 56161 [2010-22960]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Notices]
[Page 56161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22960]


-----------------------------------------------------------------------

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 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.
---------------------------------------------------------------------------

    \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 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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    As a condition to this exemption, any employees affected by 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, 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