BNSF Railway Company-Trackage Rights Exemption-Union Pacific Railroad Company, 410 [2019-28396]
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Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Notices
point of connection with the Central
Railroad Company of Indiana’s (CIND)
Westport Industrial Track near CIND
milepost 225.0) to milepost 64.80, also
at Craig (near the intersection of N
County Road 250 W and West Base
Road).
According to the verified notice of
exemption, PLRI is a subsidiary of
Lowe’s Pellets & Grain, Inc. (Lowe’s).
PLRI states that CIND had operated over
the Line to provide direct rail service to
Lowe’s for several years but recently
declined to provide service, advising
Lowe’s that it appeared that the Line
was owned by Conrail, not CIND.
Lowe’s created PLRI to purchase the
Line from Conrail, which confirmed its
ownership of the Line. PLRI states that,
although it may elect to provide
common carrier service itself should the
need arise, it contemplates reaching an
accord with CIND under which CIND
would resume switching operations
over the Line.
PLRI certifies that its projected annual
revenues are not expected to exceed $5
million, and will not exceed those that
would qualify it as a Class III rail
carrier. PLRI further certifies that the
proposed transaction does not involve
any provision or agreement that would
limit future interchange with a thirdparty connecting carrier.
The transaction may be consummated
on or after January 19, 2020, the
effective date of the exemption (30 days
after the verified notice was filed).
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 January 10, 2020 (at
least seven days before the exemption
becomes effective).
All pleadings, referring to Docket No.
FD 36366, must be filed with the
Surface Transportation Board either via
e-filing or in writing addressed to 395 E
Street SW, Washington, DC 20423–0001.
In addition, a copy of each pleading
must be served on PLRI’s representative,
Robert A. Wimbish, Fletcher & Sippel
LLC, 29 North Wacker Drive, Suite 800,
Chicago, IL 60606–3208.
According to PLRI, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic preservation
reporting requirements under 49 CFR
1105.8(b)(1).
Board decisions and notices are
available at www.stb.gov.
Decided: December 27, 2019.
VerDate Sep<11>2014
17:29 Jan 02, 2020
Jkt 250001
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2019–28392 Filed 1–2–20; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36377]
BNSF Railway Company—Trackage
Rights Exemption—Union Pacific
Railroad Company
BNSF Railway Company (BNSF), a
Class I rail carrier, has filed a verified
notice of exemption under 49 CFR
1180.2(d)(7) for its acquisition of
restricted, local, temporary trackage
rights over two rail lines owned by
Union Pacific Railroad Company (UP)
between: (1) 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) 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 (collectively, the Lines).
Pursuant to a written temporary
trackage rights agreement, UP has
agreed to grant restricted trackage rights
to BNSF over the Lines. The purpose of
this transaction is to permit BNSF to
move empty and loaded unit ballast
trains to and from the ballast pit at
Elsey, which is adjacent to the Lines.
The agreement provides that the
trackage rights are temporary in nature
and are scheduled to expire on
December 31, 2020.1
The transaction may be consummated
on or after January 19, 2020, the
effective date of the exemption (30 days
after the verified notice was filed).
As a condition to this exemption, any
employees affected by the acquisition of
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).
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)
1 BNSF states that, because the trackage rights are
for local rather than overhead traffic, it is not filing
under the Board’s class exemption for temporary
overhead trackage rights under 49 CFR 1180.2(d)(8).
Instead, BNSF has filed under the trackage rights
class exemption at section summary 1180.2(d)(7).
BNSF states that it will file a petition for partial
revocation of this exemption to permit these
proposed trackage rights to expire at midnight on
December 31, 2020, as provided in the agreement.
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than January 10, 2020
(at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36377, must be filed with the
Surface Transportation Board either via
e-filing or in writing addressed to 395 E
Street SW, Washington, DC 20423–0001.
In addition, a copy of each pleading
must be served on BNSF’s
representative, Peter W. Denton, Steptoe
& Johnson LLP, 1330 Connecticut
Avenue NW, Washington, DC 20036.
According to BNSF, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c)(3) and from historic
preservation reporting requirements
under 49 CFR 1105.8(b)(3).
Board decisions and notices are
available at www.stb.gov.
Decided: December 27, 2019.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2019–28396 Filed 1–2–20; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. MCF 21089]
Winthrop Sargent, John Cogliano, and
Paul Fuerst—Acquisition of Control—
Plymouth and Brockton Street Railway
Company, Brush Hill Transportation
Company, and McGinn Bus Company,
Inc.
Surface Transportation Board.
Notice tentatively approving
and authorizing finance transaction.
AGENCY:
ACTION:
On December 6, 2019,
Winthrop Sargent (Sargent), John
Cogliano (Cogliano), and Paul Fuerst
(Fuerst) (collectively, Applicants), all
noncarriers, filed an application for
authority after-the-fact to acquire
control of Plymouth and Brockton Street
Railway Company (P&B), Brush Hill
Transportation Company (Brush Hill),
and McGinn Bus Company, Inc.
(McGinn), from George S. Anzuoni and
Richard W. Anzuoni (collectively,
Sellers). The Board is tentatively
approving and granting after-the-fact
authorization of the transaction, and, if
no opposing comments are timely filed,
this notice will be the final Board
action. Persons wishing to oppose the
application must follow Board
regulations.
SUMMARY:
E:\FR\FM\03JAN1.SGM
03JAN1
Agencies
[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Notices]
[Page 410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28396]
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36377]
BNSF Railway Company--Trackage Rights Exemption--Union Pacific
Railroad Company
BNSF Railway Company (BNSF), a Class I rail carrier, has filed a
verified notice of exemption under 49 CFR 1180.2(d)(7) for its
acquisition of restricted, local, temporary trackage rights over two
rail lines owned by Union Pacific Railroad Company (UP) between: (1) 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) 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 (collectively, the Lines).
Pursuant to a written temporary trackage rights agreement, UP has
agreed to grant restricted trackage rights to BNSF over the Lines. The
purpose of this transaction is to permit BNSF to move empty and loaded
unit ballast trains to and from the ballast pit at Elsey, which is
adjacent to the Lines. The agreement provides that the trackage rights
are temporary in nature and are scheduled to expire on December 31,
2020.\1\
---------------------------------------------------------------------------
\1\ BNSF states that, because the trackage rights are for local
rather than overhead traffic, it is not filing under the Board's
class exemption for temporary overhead trackage rights under 49 CFR
1180.2(d)(8). Instead, BNSF has filed under the trackage rights
class exemption at section summary 1180.2(d)(7). BNSF states that it
will file a petition for partial revocation of this exemption to
permit these proposed trackage rights to expire at midnight on
December 31, 2020, as provided in the agreement.
---------------------------------------------------------------------------
The transaction may be consummated on or after January 19, 2020,
the effective date of the exemption (30 days after the verified notice
was filed).
As a condition to this exemption, any employees affected by the
acquisition of 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).
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.
Petitions for stay must be filed no later than January 10, 2020 (at
least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36377, must be filed with
the Surface Transportation Board either via e-filing or in writing
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on BNSF's representative, Peter W.
Denton, Steptoe & Johnson LLP, 1330 Connecticut Avenue NW, Washington,
DC 20036.
According to BNSF, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c)(3) and from historic
preservation reporting requirements under 49 CFR 1105.8(b)(3).
Board decisions and notices are available at www.stb.gov.
Decided: December 27, 2019.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2019-28396 Filed 1-2-20; 8:45 am]
BILLING CODE 4915-01-P