[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Page 7903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3012]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 34554 (Sub-No. 14)]
Union Pacific Railroad Company--Temporary Trackage Rights
Exemption--BNSF Railway Company
Pursuant to a modified written trackage rights agreement dated
January 18, 2011, BNSF Railway Company (BNSF) has agreed to extend the
December 18, 2010 expiration date of the local trackage rights granted
to the Union Pacific Railroad Company (UP) \1\ over a BNSF line of
railroad extending from BNSF milepost 579.3 near Mill Creek, Okla., to
BNSF milepost 631.1 near Joe Junction, Tex., a distance of
approximately 52 miles.\2\
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\1\ UP submits that the trackage rights being granted here are
only temporary rights but, because they are ``local'' rather than
``overhead'' rights, they do not qualify for the Board's class
exemption for temporary trackage rights at 49 CFR 1180.2(d)(8). See
R.R. Consolidation Procedures, 6 S.T.B. 910 (2003). Therefore, UP
concurrently has filed a petition for partial revocation of this
exemption in Docket No. FD 34554 (Sub-No. 15), Union Pacific
Railroad--Temporary Trackage Rights Exemption--BNSF Railway, wherein
UP requests that the Board permit the proposed local trackage rights
arrangement described in the present proceeding to expire on or
about December 18, 2011, as provided in the parties' agreement. That
petition will be addressed by the Board in a separate decision.
\2\ The trackage rights were originally granted in Union Pacific
Railroad--Temporary Trackage Rights Exemption--The Burlington
Northern and Santa Fe Railway, FD 34554 (STB served Oct. 7, 2004).
Subsequently, the parties filed notices of exemption several times
based on their agreements to extend expiration dates of the same
trackage rights. See FD 34554 (Sub-No. 2) (STB served February 11,
2005); FD 34554 (Sub-No. 4) (STB served March 3, 2006); FD 34554
(Sub-No. 6) (STB served January 12, 2007); FD 34554 (Sub-No. 8) (STB
served January 4, 2008); FD 34554 (Sub-No. 10) (STB served January
8, 2009); and FD 34554 (Sub-No. 12) (STB served December 31, 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 FD 34554
(Sub-No. 1) (STB served November 24, 2004); FD 34554 (Sub-No. 3)
(STB served March 25, 2005); FD 34554 (Sub-No. 5) (STB served March
23, 2006); FD 34554 (Sub-No. 7) (STB served March 13, 2007); FD
34554 (Sub-No. 9) (STB served March 20, 2008); FD 34554 (Sub-No. 11)
(STB served March 11, 2009); and FD 34554 (Sub-No. 13) (STB served
March 15, 2010). At the time of the extension authorized in Docket
No. FD 34554 (Sub-No. 12), the parties anticipated that the
authority to allow the rights to expire would be exercised by
December 18, 2010. However, the parties filed on January 27, 2011 in
Docket No. FD 34554 (Sub-No. 14) their most recent notice of
exemption to allow the trackage rights to be extended to on or about
December 18, 2011, which we are addressing here.
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The transaction is scheduled to be consummated on or after February
26, 2011, the effective date of the exemption (30 days after the
exemption is filed).
The purpose of this transaction is to modify the temporary trackage
rights exempted in Docket No. FD 34554 (Sub-No. 12) to further extend
the expiration date to on or about December 18, 2011. The modified
trackage rights will permit UP to continue to move loaded and empty
ballast trains for use in its maintenance-of-way projects.
As a condition to this exemption, any employee affected by the
trackage rights will be protected by the conditions imposed in Norfolk
and Western Railway--Trackage Rights--Burlington Northern, Inc., 354
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease and
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
This notice is filed under 49 CFR 1180.2(d)(7). If it 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. Stay petitions must be filed
by February 18, 2011 (at least 7 days before the exemption becomes
effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 34554 (Sub-No. 14), 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 Elisa B. Davies, General
Attorney, Union Pacific Railroad Company, 1400 Douglas Street, Mail
Stop 1580, Omaha, NE 68179.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov.
Decided: February 7, 2011.
By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-3012 Filed 2-10-11; 8:45 am]
BILLING CODE 4915-01-P