|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION --BNSF RAILWAY COMPANY|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT BNSF RAILWAY COMPANY AGREED TO EXTEND THE EXPIRATION DATE OF THE LOCAL TRACKAGE RIGHTS GRANTED TO UNION PACIFIC RAILROAD COMPANY BETWEEN MILL CREEK, OKLA., AND JOE JUNCTION, TEX., A DISTANCE OF APPROXIMATELY 52 MILES.|
| 12 KB|
|Approximate download time at 28.8 kb: 27 Seconds|
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|Full Text of Decision|
41393 SERVICE DATE – FEBRUARY 11, 2011
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 34554 (Sub-No. 14)]
Union Pacific Railroad Company–Temporary Trackage Rights Exemption–BNSF Railway Company
Pursuant to a modified written trackage rights agreement dated January 18, 2011, BNSF Railway Company (BNSF) has agreed to extend the December 18, 2010 expiration date of the local trackage rights granted to the Union Pacific Railroad Company (UP) over a BNSF line of railroad extending from BNSF milepost 579.3 near Mill Creek, Okla., to BNSF milepost 631.1 near Joe Junction, Tex., a distance of approximately 52 miles.
The transaction is scheduled to be consummated on or after February 26, 2011, the effective date of the exemption (30 days after the exemption is filed).
The purpose of this transaction is to modify the temporary trackage rights exempted in Docket No. FD 34554 (Sub-No. 12) to further extend the expiration date to on or about December 18, 2011. The modified trackage rights will permit UP to continue to move loaded and empty ballast trains for use in its maintenance-of-way projects.
As a condition to this exemption, any employee 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 C.F.R. § 1180.2(d)(7). 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 February 18, 2011 (at least 7 days before the exemption becomes effective).
original and 10 copies of all pleadings, referring to Docket No. FD
34554 (Sub-No. 14), must be filed with the Surface Transportation Board, 395 E
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: February 7, 2011.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 UP submits that the trackage rights being granted here are only temporary rights but, because they are “local” rather than “overhead” rights, they do not qualify for the Board’s class exemption for temporary trackage rights at 49 C.F.R. § 1180.2(d)(8). See R.R. Consolidation Procedures, 6 S.T.B. 910 (2003). Therefore, UP concurrently has filed a petition for partial revocation of this exemption in Docket No. FD 34554 (Sub-No. 15), Union Pacific Railroad–Temporary Trackage Rights Exemption–BNSF Railway, wherein UP requests that the Board permit the proposed local trackage rights arrangement described in the present proceeding to expire on or about December 18, 2011, as provided in the parties’ agreement. That petition will be addressed by the Board in a separate decision.
 The trackage rights were originally granted
in Union Pacific Railroad–Temporary Trackage Rights Exemption–The