BNSF Railway Company-Trackage Rights Exemption-Union Pacific Railroad Company, 14058-14059 [2012-5663]
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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.
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15:20 Mar 07, 2012
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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.
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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:
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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
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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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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