[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Notices]
[Page 21426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9057]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 34554 (Sub-No. 15)]
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 Docket No. FD 34554
(Sub-No. 14) \1\ to permit the trackage rights to expire on or about
December 18, 2011, in accordance with the agreement of the parties,\2\
subject to the employee protective conditions set forth in Oregon Short
Line Railroad--Abandonment Portion Goshen Branch Between Firth and
Ammon, in Bingham and Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
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\1\ In that docket, on January 27, 2011, Union Pacific Railroad
Company (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, 2011, 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, Okla., to BNSF milepost 631.1 near
Joe Junction, Tex., 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 Pac. R.R.-Temporary
Trackage Rights Exemption-BNSF Ry., FD 34554 (Sub-No. 14) (STB
served February 11, 2011).
\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 several notices of exemption 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 so that the trackage rights could be extended to December
18, 2011, and in Docket No. FD 34554 (Sub-No. 15) their latest
petition to partially revoke the class exemption to permit
expiration, which we are addressing here.
DATES: This decision is effective on May 15, 2011. Petitions to stay
must be filed by April 25, 2011. Petitions for reconsideration must be
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filed by May 5, 2011.
ADDRESSES: Send an original and 10 copies of all pleadings, referring
to Docket No. FD 34554 (Sub-No. 15) 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: Elisa B. Davies,
General Attorney, Union Pacific Railroad Company, 1400 Douglas Street,
Mail Stop 1580, Omaha, NE 68179.
FOR FURTHER INFORMATION CONTACT: Julia Farr, (202) 245-0359.
[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 ``www.stb.dot.gov.''
Decided: April 7, 2011.
By the Board, Chairman Elliott and Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-9057 Filed 4-14-11; 8:45 am]
BILLING CODE 4915-01-P