[Federal Register Volume 75, Number 49 (Monday, March 15, 2010)]
[Notices]
[Page 12329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5587]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34554 (Sub-No. 13)]
Union Pacific Railroad Company--Temporary Trackage Rights
Exemption--BNSF Railway Company
AGENCY: Surface Transportation Board, DOT.
ACTION: Partial revocation of exemption.
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SUMMARY: Under 49 U.S.C. 10502, the Board revokes the class exemption
as it pertains to the trackage rights described in STB Finance Docket
No. 34554 (Sub-No. 12) \1\ to permit the trackage rights to expire on
or about December 18, 2010, in accordance with the agreement of the
parties,\2\ subject to the employee protective conditions set forth in
Oregon Short Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979).
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\1\ In that docket, on December 18, 2009, UP filed a verified
notice of exemption under the Board's class exemption procedures at
49 CFR 1180.2(d)(7). The notice covered the agreement by BNSF
Railway Company (BNSF) to extend to December 18, 2010, the
expiration date of the local trackage rights granted to UP over
BNSF's line of railroad extending from BNSF milepost 579.3 near Mill
Creek, OK, to BNSF milepost 631.1 near Joe Junction, TX, a distance
of approximately 52 miles. UP submits that while the trackage rights
are only temporary rights, because they are ``local'' rather than
``overhead'' rights, they do not qualify for the Board's class
exemption for temporary trackage rights under 49 CFR 1180.2(d)(8).
See Union Pacific Railroad Company--Temporary Trackage Rights
Exemption--BNSF Railway Company, STB Finance Docket No. 34554 (Sub-
No. 12) (STB served Dec. 31, 2009).
\2\ The trackage rights were originally granted in Union Pacific
Railroad Company--Temporary Trackage Rights Exemption--The
Burlington Northern and Santa Fe Railway Company, STB Finance Docket
No. 34554 (STB served Oct. 7, 2004). Subsequently, the parties filed
several notices of exemption based on their agreements to extend
expiration dates of the same trackage rights. See STB Finance Docket
No. 34554 (Sub-No. 2) (decision served February 11, 2005); STB
Finance Docket No. 34554 (Sub-No. 4) (decision served March 3,
2006); STB Finance Docket No. 34554 (Sub-No. 6) (decision served
January 12, 2007); STB Finance Docket No. 34554 (Sub-No. 8)
(decision served January 4, 2008); and STB Finance Docket No. 34554
(Sub-No. 10) (decision served January 8, 2009). Because the original
and subsequent trackage rights notices were filed under the class
exemption at 49 CFR 1180.2(d)(7), under which trackage rights
normally remain effective indefinitely, in each instance the Board
granted partial revocation of the class exemption to permit the
authorized trackage rights to expire. See STB Finance Docket No.
34554 (Sub-No. 1) (decision served November 24, 2004); STB Finance
Docket No. 34554 (Sub-No. 3) (decision served March 25, 2005); STB
Finance Docket No. 34554 (Sub-No. 5) (decision served March 23,
2006); STB Finance Docket No. 34554 (Sub-No. 7) (decision served
March 13, 2007); STB Finance Docket No. 34554 (Sub-No. 9) (decision
served March 20, 2008); and STB Finance Docket No. 34554 (Sub-No.
11) (decision served March 11, 2009). At the time of the extension
authorized in STB Finance Docket No. 34554 (Sub-No. 10), the parties
anticipated that the authority to allow the rights to expire would
be exercised by December 31, 2009. However, the parties filed on
December 18, 2009, in STB Finance Docket No. 34554 (Sub-No. 12)
their most recent notice of exemption so that the trackage rights
could be extended to December 18, 2010, and in STB Finance Docket
No. 34554 (Sub-No. 13) their latest petition to partially revoke the
class exemption to permit expiration, which we are addressing here.
DATES: This exemption will be effective on April 14, 2010. Petitions to
stay must be filed by March 25, 2010. Petitions for reconsideration
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must be filed by April 5, 2010.
ADDRESSES: Send an original and 10 copies of all pleadings, referring
to STB Finance Docket No. 34554 (Sub-No. 13) to: Surface Transportation
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on UP's representative: Mack H.
Shumate, Jr., Senior General Attorney, 101 North Wacker Drive, Room
1920, Chicago, IL 60606.
FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 245-0395.
Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: Additional information is contained in the
Board's decision. Board decisions and notices are available on our Web
site at http://www.stb.dot.gov.
Decided: March 8, 2010.
By the Board, Chairman Elliott, Vice Chairman Mulvey, and
Commissioner Nottingham.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-5587 Filed 3-12-10; 8:45 am]
BILLING CODE 4915-01-P