Grainbelt Corporation-Trackage Rights Exemption-BNSF Railway Company

• Published date: 15 March 2024
• Record Number: 2024-05565
• Citation: 89 FR 19001
• Court: Surface Transportation Board
• Section: Notices

Federal Register, Volume 89 Issue 52 (Friday, March 15, 2024)

[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
                [Notices]
                [Page 19001]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-05565]
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                SURFACE TRANSPORTATION BOARD
                [Docket No. FD 36486 (Sub-No. 6)]
                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) 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). The trackage rights allow 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).\1\ GNBC and BNSF have entered into an amendment to
                extend the PCCA Trackage Rights until March 31, 2025.\2\
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                 \1\ 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), and again in 2023, see
                Grainbelt Corp--Trackage Rts. Exemption--BNSF Ry., FD 36486 (Sub-No.
                4) (STB served Mar. 9, 2023).
                 \2\ 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, 2025, 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. 7).
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                 The transaction may be consummated on or after March 31, 2024, 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 22,
                2024 (at least seven days before the exemption becomes effective).
                 All pleadings, referring to Docket No. FD 36486 (Sub-No. 6), 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 www.stb.gov.
                 Decided: March 12, 2024.
                 By the Board, Mai T. Dinh, Director, Office of Proceedings.
                Raina White,
                Clearance Clerk.
                [FR Doc. 2024-05565 Filed 3-14-24; 8:45 am]
                BILLING CODE 4915-01-P