83 FR 2865 - Soo Line Railroad Company-Trackage Rights Exemption-BNSF Railway Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 13 (January 19, 2018)

[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Page 2865]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00927]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36162]


Soo Line Railroad Company--Trackage Rights Exemption--BNSF 
Railway Company

    Soo Line Railroad Company (Soo Line), a Class I rail carrier, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(7) to renew 
overhead trackage rights over approximately 137 miles of rail line 
owned and operated by BNSF Railway Company (BNSF) between Minneapolis, 
Minn., and Superior, Wis. (the Line).
    Soo Line states that the purpose of the transaction is to renew the 
overhead trackage rights agreement governing Soo Line's continued 
freight service between Minneapolis, Minn., and Superior, Wis. The 
agreement provides trackage rights to Soo Line over two separate routes 
from Minneapolis that converge on BNSF's Staples Subdivision. The first 
route is from milepost 11.4+/- on BNSF's Staples Subdivision at or near 
University Avenue in Minneapolis, Minn. to the connection at milepost 
21.0+/- with BNSF's Hinckley Subdivision near Coon Creek, Minn. 
(Hinckley Subdivision milepost 136.9 +/-). The second route is over the 
North Runner Lead from BNSF's Northtown Yard to Soo Line's Shoreham 
Yard at milepost 11.66+/- on BNSF's St. Paul Subdivision to the 
connection at milepost 16.25+/- on BNSF's Staples Subdivision and 
thence to the connection with BNSF's Hinckley Subdivision near Coon 
Creek, Minn. From there, Soo Line's trackage rights continue to the 
connection at Hinckley Subdivision milepost 11.8+/- with BNSF's Lakes 
Subdivision in Boylston, Wis. (Lakes Subdivision milepost 12.6+/-), and 
thence to Lakes Subdivision milepost 9.4+/- at M&J Junction in 
Superior, Wis., including the BNSF-owned turnout at milepost 10.44+/- 
to the Saunders Connecting Track. Soo Line acquired the trackage rights 
in its 1985 acquisition of the Chicago, Milwaukee, St. Paul and Pacific 
Railroad Company's assets.
    According to Soo Line, the parties intend to enter into a written 
agreement renewing the overhead trackage rights, and a redacted copy of 
the draft agreement has been submitted as an exhibit with its verified 
notice.\1\
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    \1\ With the verified notice, Soo Line filed a motion for a 
protective order to protect the confidential and commercially 
sensitive information contained in the agreement, which Soo Line 
submitted under seal. That motion will be addressed in a separate 
decision.
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    As a condition to this exemption, any employees 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).
    The transaction may be consummated on or after February 4, 2018, 
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 for stay must be filed no later than January 26, 
2018 (at least seven days before the exemption before effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
36162, must be filed with the Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on W. Karl Hansen, Stinson Leonard Street LLP, 
50 South Sixth St., Suite 2600, Minneapolis, MN 55402.
    According to Soo Line, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
under 49 CFR 1105.8(b).
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: January 16, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-00927 Filed 1-18-18; 8:45 am]
 BILLING CODE 4915-01-P