BNSF Railway Company-Trackage Rights Exemption-Yellowstone Valley Railroad, Inc., 31009-31010 [2011-13237]

Download as PDF jdjones on DSK8KYBLC1PROD with NOTICES Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Notices CFR 1150.31 to acquire approximately 27.83 miles of rail line owned by Union Pacific Railroad Company (UP), referred to as the Forest City Line. The Forest City Line extends between milepost 48.12 at Belmond, Iowa, and milepost 79.95 at Forest City, Iowa, and includes 600 feet of connecting track at Garner, Iowa, in Hancock, Winnebago, and Wright Counties, Iowa. This transaction is related to 2 other filed verified notices of exemption, filed in: (1) Docket No. FD 35508, Iowa Northern Railway Company—Operation Exemption—North Central Iowa Rail Corridor, LLC, in which Iowa Northern Railway Company (IANR) seeks to operate the Forest City Line in accordance with a rail service and lease agreement with NCIRC; and (2) Docket No. FD 35511, Iowa Northern Railway Company—Trackage Rights Exemption—Dakota, Minnesota & Eastern Railroad Corporation d/b/a Canadian Pacific, in which IANR seeks authority to exercise certain specified overhead trackage rights from Dakota, Minnesota & Eastern Railroad Corporation d/b/a Canadian Pacific. The transaction is expected to be consummated on or after June 10, 2011, which will be after the June 9, 2011 effective date of the exemption (30 days after the exemption was filed). NCIRC certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier and further certifies that its projected annual revenue will not exceed $5 million. 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 June 2, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35507, 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 T. Scott Bannister, Iowa Northern Railway Company, 305 Second Street, SE., Suite 400, Cedar Rapids, IA 52401. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: May 23, 2011. VerDate Mar<15>2010 15:25 May 26, 2011 Jkt 223001 By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011–13092 Filed 5–26–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35508] Iowa Northern Railway Company— Operation Exemption—North Central Iowa Rail Corridor, LLC Iowa Northern Railway Company (IANR), a Class III, has filed a verified notice of exemption under 49 CFR 1150.41 to operate approximately 27.83 miles of rail line owned by Union Pacific Railroad Company (UP), referred to as the Forest City Line. The Forest City Line extends between milepost 48.12 at Belmond, Iowa, and milepost 79.95 at Forest City, Iowa, and includes 600 feet of connecting track at Garner, Iowa, in Hancock, Winnebago, and Wright Counties, Iowa. This transaction is related to 2 other verified notices of exemption, filed in: (1) Docket No. FD 35507, North Central Iowa Rail Corridor, LLC—Acquisition Exemption—Union Pacific Railroad Company, in which North Central Iowa Rail Corridor, LLC seeks to acquire from Union Pacific Railroad Company the Forest City Line; and (2) Docket No. FD 35511, Iowa Northern Railway Company—Trackage Rights Exemption—Dakota, Minnesota & Eastern Railroad Corporation d/b/a Canadian Pacific, in which IANR seeks authority to exercise certain specified overhead trackage rights from Dakota, Minnesota & Eastern Railroad Corporation d/b/a Canadian Pacific. The transaction is expected to be consummated on or after June 10, 2011, which will be after the June 9, 2011 effective date of the exemption (30 days after the exemption was filed). IANR certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier and further certifies that its projected annual revenues will not exceed $5 million. 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 June 2, 2011 (at least PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 31009 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35508, 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 T. Scott Bannister, Iowa Northern Railway Company, 305 Second Street, SE., Suite 400, Cedar Rapids, IA 52401. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: May 23, 2011. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–13091 Filed 5–26–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35503] BNSF Railway Company—Trackage Rights Exemption—Yellowstone Valley Railroad, Inc. Yellowstone Valley Railroad, Inc. (YVRR) has agreed to grant, pursuant to a prospective written trackage rights agreement,1 restricted local and overhead trackage rights to BNSF Railway Company (BNSF) over a rail line that it leases from BNSF between milepost 78.6, near Snowden, Mont., and milepost 43.0, at Crane, Mont., a distance of 35.6 miles.2 YVRR states that the use of the trackage rights line by BNSF is restricted to movements of BNSF unit trains originating or terminating on the line and overhead trackage rights. The transaction is scheduled to be consummated on or shortly after June 11, 2011, the effective date of the exemption (30 days after the exemption was filed). 1 YVRR states that the parties currently are negotiating a trackage rights agreement. YVRR states that it will file a copy of the agreement with the Board within 10 days of its execution. See 49 CFR 1180.6(a)(7)(ii). 2 YVRR indicates that this transaction is related to Docket No. AB 991X, Yellowstone Valley Railroad, Inc.—Discontinuance Exemption—in Richland and Dawson Counties, Montana, in which YVRR will seek to discontinue its lease operations over the BNSF-owned line between milepost 43.0, at Crane, and milepost 6.0, near Glendive, Mont. This filing has not been received by the Board. YVRR received an exemption to lease and operate 171.97 miles of BNSF rail lines in Yellowstone Valley Railroad, Inc.—Lease and Operation Exemption—BNSF Railway Company, Docket No. FD 34737 (STB served Sept. 1, 2005). E:\FR\FM\27MYN1.SGM 27MYN1 31010 Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Notices The purpose of the transaction is to permit BNSF to move unit trains originating or terminating on the line and to perform overhead movements over the line. YVRR will continue to serve customers on the line. 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 & 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 June 3, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35503, 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, 1455 F Street, NW., Suite 225, Washington, DC 20005. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: May 24, 2011. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–13237 Filed 5–26–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35511] jdjones on DSK8KYBLC1PROD with NOTICES Iowa Northern Railway Company— Trackage Rights Exemption—Dakota, Minnesota & Eastern Railroad Corporation d/b/a Canadian Pacific Pursuant to a prospective trackage rights agreement, Dakota, Minnesota & Eastern Railroad Corporation d/b/a Canadian Pacific (CP) will agree to grant overhead trackage rights to Iowa Northern Railway Company (IANR) over approximately 78.2 miles of rail line between: (1) Milepost 137.50 near VerDate Mar<15>2010 15:25 May 26, 2011 Jkt 223001 Garner, Iowa, and milepost 116.70 at the connection with CP’s Mason City Subdivision, a distance of approximately 20.80 miles; (2) milepost 116.70 at the connection with CP’s Mason City Subdivision and milepost 107.30 near Nora Jct., Iowa at the connection with IANR, a distance of approximately 30.2 miles between Garner and Nora Jct.; and (3) milepost 116.70 at the connection with CP’s Mason City Subdivision and milepost 7.9 on CP’s Austin Subdivision near Plymouth Jct., Iowa at the connection with IANR, a distance of approximately 27.2 miles between Garner and Plymouth Jct.1 The transaction may be consummated on or after June 10, 2011, the effective date of the exemption (30 days after the exemption is filed). The primary purpose of the trackage rights agreement is to enable IANR to transport freight by rail between the connection of the Forest City Line 2 and Garner, Iowa and alternatively, Nora Jct., Iowa or Plymouth Jct., Iowa on the CP trackage. 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). 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 June 3, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35511, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In 1 IANR has included a copy of a letter of intent from CP concerning the trackage rights agreement and states that a copy of the agreement will be provided to the Board after it is finalized and executed. 2 The Forest City Line is located between Belmond and Forest City, Iowa, and is owned by Union Pacific Railroad Company (UP). North Central Iowa Rail Corridor (NCIRC) provided notice that it will acquire the Forest City Line from UP. See N. Cent. Iowa Rail Corridor, LLC—Acquis. Exemption—Union Pac. R.R., FD 35507 (STB served May 26, 2011). IANR provided notice that it will be the exclusive rail operator of the Forest City Line. See Iowa N. Ry.—Operation Exemption—N. Cent. Iowa Rail Corridor, LLC, FD 35508 (STB served May 26, 2011). PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 addition, a copy of each pleading must be served on T. Scott Bannister, Iowa Northern Railway Company, 305 Second Street, SE., Suite 400, Cedar Rapids, IA 52401. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: May 23, 2011. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–13229 Filed 5–26–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35505] Montreal, Maine & Atlantic Railway, Ltd.—Trackage Rights Exemption— Maine Northern Railway Company Pursuant to a written trackage rights agreement, Maine Northern Railway Company (MNR) has agreed to grant overhead trackage rights to Montreal, Maine & Atlantic Railway, Ltd. (MMA) over approximately 151 miles of rail line owned by the State of Maine (the State) between milepost 109 near Millinocket, ME. and milepost 260 near Madawaska, ME (Subject Trackage).1 MMA states that, as of January 14, 2011, it sold the Subject Trackage, together with certain other lines in Penobscot and Aroostook Counties, ME, to the State. The State has selected MNR to operate the Subject Trackage and the other lines, and MNR plans to file a notice for a modified certificate of public convenience and necessity under 49 CFR. 1150.23 for Board authority to operate these lines. The transaction is scheduled to be consummated by June 14, 2011. Consummation may not occur prior to June 10, 2011, the effective date of the exemption (30 days after the exemption was filed). The purpose of the transaction is to connect the MMA lines south of Millinocket and the MMA line beyond Madawaska. The trackage will enable MMA to provide through service between St Leonard, New Brunswick, where MMA and Canadian National Railway Company (CN) interchange, and the rest of MMA’s rail system, 1 The Subject Trackage was formerly part of the Madawaska Subdivision of MMA discussed in Montreal, Maine & Atlantic Railway, Ltd.– Discontinuance of Service and Abandonment–in Aroostook and Penobscot Counties, ME, Docket No AB 1043 (Sub-No. 1) (STB served Dec. 27, 2010). The instant transaction is an outgrowth of that case. E:\FR\FM\27MYN1.SGM 27MYN1

Agencies

[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Notices]
[Pages 31009-31010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13237]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35503]


BNSF Railway Company--Trackage Rights Exemption--Yellowstone 
Valley Railroad, Inc.

    Yellowstone Valley Railroad, Inc. (YVRR) has agreed to grant, 
pursuant to a prospective written trackage rights agreement,\1\ 
restricted local and overhead trackage rights to BNSF Railway Company 
(BNSF) over a rail line that it leases from BNSF between milepost 78.6, 
near Snowden, Mont., and milepost 43.0, at Crane, Mont., a distance of 
35.6 miles.\2\ YVRR states that the use of the trackage rights line by 
BNSF is restricted to movements of BNSF unit trains originating or 
terminating on the line and overhead trackage rights.
---------------------------------------------------------------------------

    \1\ YVRR states that the parties currently are negotiating a 
trackage rights agreement. YVRR states that it will file a copy of 
the agreement with the Board within 10 days of its execution. See 49 
CFR 1180.6(a)(7)(ii).
    \2\ YVRR indicates that this transaction is related to Docket 
No. AB 991X, Yellowstone Valley Railroad, Inc.--Discontinuance 
Exemption--in Richland and Dawson Counties, Montana, in which YVRR 
will seek to discontinue its lease operations over the BNSF-owned 
line between milepost 43.0, at Crane, and milepost 6.0, near 
Glendive, Mont. This filing has not been received by the Board. YVRR 
received an exemption to lease and operate 171.97 miles of BNSF rail 
lines in Yellowstone Valley Railroad, Inc.--Lease and Operation 
Exemption--BNSF Railway Company, Docket No. FD 34737 (STB served 
Sept. 1, 2005).
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    The transaction is scheduled to be consummated on or shortly after 
June 11, 2011, the effective date of the exemption (30 days after the 
exemption was filed).

[[Page 31010]]

    The purpose of the transaction is to permit BNSF to move unit 
trains originating or terminating on the line and to perform overhead 
movements over the line. YVRR will continue to serve customers on the 
line.
    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 
& 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 June 3, 2011 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35503, 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, 
1455 F Street, NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at https://www.stb.dot.gov.

    Decided: May 24, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-13237 Filed 5-26-11; 8:45 am]
BILLING CODE 4915-01-P
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