BNSF Railway Company-Temporary Trackage Rights Exemption-Union Pacific Railroad Company, 70293 [2015-28825]
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Federal Register / Vol. 80, No. 219 / Friday, November 13, 2015 / Notices
jstallworth on DSK7TPTVN1PROD with NOTICES
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Authority: 49 U.S.C. 721, 49 U.S.C. 11101;
49 U.S.C. 11121.
Decided: November 9, 2015.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015–28823 Filed 11–12–15; 8:45 am]
BILLING CODE 4915–01–P
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35963]
BNSF Railway Company—Temporary
Trackage Rights Exemption—Union
Pacific Railroad Company
Pursuant to a written temporary
trackage rights agreement dated
November 1, 2015, Union Pacific
Railroad Company (UP) has agreed to
grant restricted local temporary trackage
rights to BNSF Railway Company
(BNSF) as follows: (1) Between UP
milepost 93.2 at Stockton, Cal., on UP’s
Oakland Subdivision, and UP milepost
219.4 at Elsey, Cal., on UP’s Canyon
Subdivision, a distance of 126.2 miles;
and (2) between UP milepost 219.4 at
Elsey and UP milepost 280.7 at Keddie,
Cal., on UP’s Canyon Subdivision, a
distance of 61.3 miles.
The transaction is scheduled to be
consummated on or after November 29,
2015, the effective date of the exemption
(30 days after the exemption is filed).
The purpose of this transaction is to
permit BNSF to move empty and loaded
ballast trains to and from the ballast pit
at Elsey, which is adjacent to the UP rail
line. The parties’ agreement provides
that the trackage rights are temporary in
nature and are scheduled to expire on
December 31, 2018.
As a condition to this exemption, any
employee 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—
Lease & Operate—California Western
Railroad, 360 I.C.C. 653 (1980).
This notice is filed under 49 CFR
1180.2(d)(7).1 If it 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 November 20, 2015 (at least 7
1 BNSF states that the verified notice is not filed
under the Board’s class exemption for temporary
trackage rights at 49 CFR 1180.2(d)(8), because the
trackage rights are local rather than overhead. See
R.R. Consolidation Procedures, 6 S.T.B. 910 (2003).
Instead, BNSF has filed under the trackage rights
class exemption at § 1180.2(d)(7) and concurrently
has filed, in BNSF Railway Company—Temporary
Trackage Rights Exemption—Union Pacific
Railroad Company, Docket No. FD 35676 (Sub-No.
1), a petition for partial revocation of this
exemption to permit these proposed local trackage
rights to expire at midnight on December 31, 2018,
as provided in the parties’ agreement. The Board
will address that petition in a separate decision.
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
70293
days before the exemption becomes
effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35963, 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, Karl Morell &
Associates, 655 15th St. NW., Suite 225,
Washington, DC 20005.
Board decisions and notices are
available on our Web site at
‘‘WWW.STB.DOT.GOV.’’
Decided: November 9, 2015.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015–28825 Filed 11–12–15; 8:45 am]
BILLING CODE 4915–01–P
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[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)]
[Notices]
[Page 70293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28825]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35963]
BNSF Railway Company--Temporary Trackage Rights Exemption--Union
Pacific Railroad Company
Pursuant to a written temporary trackage rights agreement dated
November 1, 2015, Union Pacific Railroad Company (UP) has agreed to
grant restricted local temporary trackage rights to BNSF Railway
Company (BNSF) as follows: (1) Between UP milepost 93.2 at Stockton,
Cal., on UP's Oakland Subdivision, and UP milepost 219.4 at Elsey,
Cal., on UP's Canyon Subdivision, a distance of 126.2 miles; and (2)
between UP milepost 219.4 at Elsey and UP milepost 280.7 at Keddie,
Cal., on UP's Canyon Subdivision, a distance of 61.3 miles.
The transaction is scheduled to be consummated on or after November
29, 2015, the effective date of the exemption (30 days after the
exemption is filed).
The purpose of this transaction is to permit BNSF to move empty and
loaded ballast trains to and from the ballast pit at Elsey, which is
adjacent to the UP rail line. The parties' agreement provides that the
trackage rights are temporary in nature and are scheduled to expire on
December 31, 2018.
As a condition to this exemption, any employee 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--Lease &
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
This notice is filed under 49 CFR 1180.2(d)(7).\1\ If it 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 November 20, 2015 (at least 7 days before the exemption becomes
effective).
---------------------------------------------------------------------------
\1\ BNSF states that the verified notice is not filed under the
Board's class exemption for temporary trackage rights at 49 CFR
1180.2(d)(8), because the trackage rights are local rather than
overhead. See R.R. Consolidation Procedures, 6 S.T.B. 910 (2003).
Instead, BNSF has filed under the trackage rights class exemption at
Sec. 1180.2(d)(7) and concurrently has filed, in BNSF Railway
Company--Temporary Trackage Rights Exemption--Union Pacific Railroad
Company, Docket No. FD 35676 (Sub-No. 1), a petition for partial
revocation of this exemption to permit these proposed local trackage
rights to expire at midnight on December 31, 2018, as provided in
the parties' agreement. The Board will address that petition in a
separate decision.
---------------------------------------------------------------------------
An original and 10 copies of all pleadings, referring to Docket No.
FD 35963, 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, Karl Morell & Associates, 655
15th St. NW., Suite 225, Washington, DC 20005.
Board decisions and notices are available on our Web site at
``WWW.STB.DOT.GOV.''
Decided: November 9, 2015.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-28825 Filed 11-12-15; 8:45 am]
BILLING CODE 4915-01-P