BNSF Railway Company-Trackage Rights Exemption-Union Pacific Railroad Company, 14058-14059 [2012-5663]

Download as PDF 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 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Notices wreier-aviles on DSK5TPTVN1PROD with NOTICES BNSF’s claim, and by decision served on January 30, 2012, the Board postponed the effective date of UP’s abandonment exemption and allowed the parties to file additional evidence and argument, which BNSF and UP did on February 9, 2012. In its verified notice of exemption in this docket, BNSF describes UP’s February 9 filing in the abandonment docket as asserting that BNSF does not have direct access to the Lockport Branch because the Board never expressly authorized such operations. BNSF states that, while it disagrees with UP’s argument, it is now seeking trackage rights authority over the Line in this docket out of an abundance of caution. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk & Western Railway Co.—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 March 15, 2012 (at least seven VerDate Mar<15>2010 15:20 Mar 07, 2012 Jkt 226001 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35601, 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, Ball Janik LLP, 655 Fifteenth Street NW., Suite 225, Washington, DC 20005 (Counsel for BNSF). 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. 2012–5663 Filed 3–7–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Fiscal Service Surety Companies Acceptable On Federal Bonds: Name, Address and Phone Number Change: Van Tol Surety Company, Incorporated (NAIC #30279) Financial Management Service, Fiscal Service, Department of the Treasury. ACTION: Notice. AGENCY: PO 00000 Frm 00061 Fmt 4703 Sfmt 9990 14059 This is Supplement No. 14 to the Treasury Department Circular 570, 2011 Revision, published July 1, 2011, at 76 FR 38892. FOR FURTHER INFORMATION CONTACT: Surety Bond Branch at (202) 874–6850. SUPPLEMENTARY INFORMATION: Notice is hereby given that Van Tol Surety Company, Incorporated (NAIC #30279) has changed its name to Boston Indemnity Company, Inc., effective January 3, 2012. In addition, the new address is 300 Brickstone Square, Ste. 201, Andover, Massachusetts 01810. The new phone number is (978) 662– 5131. Federal bond-approving officials should annotate their reference copies of the Treasury Department Circular 570 (‘‘Circular’’), 2011 Revision, to reflect this change. The Circular may be viewed and downloaded through the Internet at https://www.fms.treas.gov/c570. Questions concerning this Notice may be directed to the U.S. Department of the Treasury, Financial Management Service, Financial Accounting and Services Division, Surety Bond Branch, 3700 East-West Highway, Room 6F01, Hyattsville, MD 20782. SUMMARY: Dated: February 27, 2012. Laura Carrico, Director, Financial Accounting and Services Division, Financial Management Service. [FR Doc. 2012–5532 Filed 3–7–12; 8:45 am] BILLING CODE 4810–35–M E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Pages 14058-14059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5663]


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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\
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    \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.
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    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

[[Page 14059]]

BNSF's claim, and by decision served on January 30, 2012, the Board 
postponed the effective date of UP's abandonment exemption and allowed 
the parties to file additional evidence and argument, which BNSF and UP 
did on February 9, 2012. In its verified notice of exemption in this 
docket, BNSF describes UP's February 9 filing in the abandonment docket 
as asserting that BNSF does not have direct access to the Lockport 
Branch because the Board never expressly authorized such operations. 
BNSF states that, while it disagrees with UP's argument, it is now 
seeking trackage rights authority over the Line in this docket out of 
an abundance of caution.
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    \2\ Specifically, UP seeks authority to abandon the portion of 
the Lockport Branch between milepost 1.7 and milepost 14.2.
---------------------------------------------------------------------------

    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway Co.--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 March 15, 2012 (at least seven days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35601, 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, Ball Janik LLP, 655 Fifteenth 
Street NW., Suite 225, Washington, DC 20005 (Counsel for BNSF).
    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. 2012-5663 Filed 3-7-12; 8:45 am]
BILLING CODE 4915-01-P