[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