Pemiscot County Port Authority (PCPA) has agreed to grant local trackage rights to BNSF Railway Company (BNSF) over the rail line located between PCPA's connection with BNSF near BNSF milepost 212.22 at Hayti, Mo., and the Pemiscot Port Harbor, on the Mississippi River near Hayti, a distance of 4.9 miles.
The transaction is scheduled to be consummated after February 16, 2013, Start Printed Page 7485the effective date of the exemption (30 days after the exemption was filed).
The purpose of the transaction is to permit BNSF to provide common carrier service to all existing and future customers located on the 4.9-mile line of railroad.
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).
This notice is filed under 49 CFR 1180.2(d)(7). 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 by February 8, 2013 (at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No. FD 35712, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Karl Morell, Of Counsel, Ball Janik LLP, Suite 225, 655 Fifteenth Street NW., Washington, DC 20005.
Board decisions and notices are available on our Web site at “www.stb.dot.gov.”
Decided: January 28, 2013.
By the Board, Richard Armstrong, Acting Director, Office of Proceedings.
[FR Doc. 2013-02160 Filed 1-31-13; 8:45 am]
BILLING CODE 4915-01-P