Notice2023-04844
Grainbelt Corporation-Trackage Rights Exemption-BNSF Railway Company
Primary source
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Published
March 9, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 46 (Thursday, March 9, 2023)</title>
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[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Page 14664]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04844]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36486 (Sub No. 4)]
Grainbelt Corporation--Trackage Rights Exemption--BNSF Railway
Company
Grainbelt Corporation (GNBC), a Class III rail carrier, has filed a
verified notice of exemption under 49 CFR 1180.2(d)(7) \1\ to extend
the term of the previously amended, local trackage rights on trackage
owned by BNSF Railway Company (BNSF) between approximately milepost
668.73 in Long, Okla., and approximately milepost 723.30 in Quanah,
Tex. (the Line), allowing GNBC to (1) use the Line to access the Plains
Cotton Cooperative Association (PCCA) facility near BNSF Chickasha
Subdivision milepost 688.6 at Altus, Okla., and (2) operate additional
trains on the Line to accommodate the movement of trains transporting
BNSF customers' railcars (loaded or empty) located along the Line, to
unit train facilities on the Line (collectively, the PCCA Trackage
Rights).\2\ GNBC and BNSF have entered into an amendment to extend the
PCCA Trackage Rights until March 31, 2024.\3\
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\1\ The pleadings in this docket were originally filed in Docket
No. FD 36580, but given that the trackage rights at issue are the
same as those in Docket No. FD 36486, this proceeding has been
changed to a subdocket of that original proceeding.
\2\ GNBC states that it originally acquired overhead trackage
rights from BNSF's predecessor between Snyder Yard at milepost
664.00 and Quanah at milepost 723.30 allowing GNBC to interchange at
Quanah with BNSF and Union Pacific Railroad Company. According to
GNBC, these original trackage rights were amended over the years to
allow various local services to be provided. In 2021, BNSF and GNBC
amended the trackage rights to include the PCCA Trackage Rights, see
Grainbelt Corp.--Trackage Rts. Exemption--BNSF Ry., FD 36486 (STB
served Mar. 12, 2021), and those trackage rights were extended in
2022, see Grainbelt Corp.--Trackage Rts. Exemption--BNSF Ry., FD
36486 (Sub No. 2) (STB served Mar. 8, 2022).
\3\ GNBC states that its verified notice is related to a
petition for partial revocation, in which GNBC seeks authority to
allow the trackage rights at issue here to expire automatically on
March 31, 2024, the termination date set forth in the amended
trackage rights agreement. GNBC's petition for partial revocation
will be addressed in a separate decision in Docket No. FD 36486 (Sub
No. 5).
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The transaction may be consummated on or after March 23, 2023, 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 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 for stay must be filed no later than March 16,
2023 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36486 (Sub No. 4), must
be filed with the Surface Transportation Board either via e-filing on
the Board's website or in writing addressed to 395 E Street SW,
Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on GNBC's representative, Eric M. Hocky, Clark Hill PLC, Two
Commerce Square, 2001 Market Street, Suite 2620, Philadelphia, PA
19103.
According to GNBC, 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).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: March 6, 2023.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2023-04844 Filed 3-8-23; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on March 9, 2023.
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