Federal Register, Volume 77 Issue 220 (Wednesday, November 14, 2012)

[Federal Register Volume 77, Number 220 (Wednesday, November 14, 2012)]
[Notices]
[Pages 67863-67864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27638]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 34554 (Sub-No. 17)]


Union Pacific Railroad Company--Temporary Trackage Rights 
Exemption--BNSF Railway Company

AGENCY: Surface Transportation Board.

ACTION: Partial revocation of exemption.

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SUMMARY: Under 49 U.S.C. Sec.  10502, the Board revokes the class 
exemption as it pertains to the trackage rights described in Docket No. 
FD 34554 (Sub-No. 16) \1\ to permit the trackage rights to expire on or 
about December 31, 2012, in accordance with the agreement of the 
parties,\2\ subject to the employee

[[Page 67864]]

protective conditions set forth in Oregon Short Line Railroad--
Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & 
Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
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    \1\ In that docket, on August 16, 2012, 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 31, 2012, the expiration date of the local trackage rights 
granted to Union Pacific Railroad Company (UP) over BNSF's line of 
railroad between BNSF mileposts 579.3 near Mill Creek, Okla., and 
631.1 near Joe Junction, Tex., a distance of approximately 51 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. 16) 
(STB served Aug. 31, 2012).
    \2\ The trackage rights were originally granted in Union Pacific 
Railroad Company--Temporary Trackage Rights Exemption--The 
Burlington Northern and Santa Fe Railway Company, 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 Feb. 11, 2005); FD 34554 (Sub-No. 4) (STB served Mar. 3, 
2006); FD 34554 (Sub-No. 6) (STB served Jan. 12, 2007); FD 34554 
(Sub-No. 8) (STB served Jan. 4, 2008); FD 34554 (Sub-No. 10) (STB 
served Jan. 8, 2009); FD 34554 (Sub-No. 12) (STB served Dec. 31, 
2009); and FD 34554 (Sub-No. 14) (STB served Feb. 11, 2011). 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 Nov. 24, 2004); FD 34554 (Sub-No. 3) (STB served Mar. 
25, 2005); FD 34554 (Sub-No. 5) (STB served Mar. 23, 2006); FD 34554 
(Sub-No. 7) (STB served Mar. 13, 2007); FD 34554 (Sub-No. 9) (STB 
served Mar. 20, 2008); FD 34554 (Sub-No. 11) (STB served Mar. 11, 
2009); FD 34554 (Sub-No. 13) (STB served Mar. 15, 2010); and FD 
34554 (Sub-No. 15) (STB served Apr. 15, 2011). At the time of the 
extension authorized in Docket No. FD 34554 (Sub-No. 14), the 
parties anticipated that the authority to allow the rights to expire 
would be exercised by December 18, 2011. On August 16, 2012, in 
Docket No. FD 34554 (Sub-No. 16), UP filed its most recent notice of 
exemption seeking Board authority for temporary trackage rights 
covering the parties' latest agreement--September 15, 2012 to 
December 31, 2012. In Docket No. FD 34554 (Sub-No. 17), UP filed a 
petition to partially revoke the class exemption to permit 
expiration of those trackage rights, which we are addressing here.

DATES: This decision is effective on December 14, 2012. Petitions to 
stay must be filed by November 26, 2012. Petitions for reconsideration 
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must be filed by December 4, 2012.

ADDRESSES: Send an original and 10 copies of all pleadings, referring 
to Docket No. FD 34554 (Sub-No. 17) 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, 
1400 Douglas Street, Mail Stop 1580, Omaha, NE 68179.

FOR FURTHER INFORMATION CONTACT: Marc Lerner (202) 245-0390. 
[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.

    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Begeman.

    Decided: November 8, 2012.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-27638 Filed 11-13-12; 8:45 am]
BILLING CODE 4915-01-P