Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1935 

Other Non-Passenger Trains and 

Equipment; End-of-Train Devices. FRA 

assigned the petition Docket Number 

FRA–2012–0091. 

BNSF seeks relief with respect to the 

application of certain provisions of 49 

CFR part 232. Specifically, BNSF seeks 

relief from 49 CFR Sections 

232.205(c)(1)—Class I brake test-initial 

terminal inspection and 232.207(b)(1)— 

Class IA brake tests—1,000-mile 

inspection for trains operating in 

distributive power mode. BNSF requests 

to extend the maximum allowable brake 

pipe air flow from the present rule of 60 

cubic feet per minute (CFM) to 90 CFM 

for distributed power-equipped trains 

under specified operating conditions. 

Canadian railroads have operated 

with the higher air flow of 90 CFM on 

distributed power trains for the past 2 

years. Recently, BNSF conducted 

demonstration testing in Great Falls, 

MT, for air flows between 60 and 90 

CFM; a summary of which has been 

submitted to this docket. BNSF states 

that these tests confirmed brake 

propagation rates comparable to the 

rates achieved by Canadian Pacific 

Railway and Canadian National Railway 

in their experience operating high CFM 

air flow trains. Based upon the 

successful outcome of its test, and the 

operational experience of the Canadian 

railroads, BNSF petitions FRA to permit 

operation at higher air flow levels for 

trains operating in distributive power 

mode under the operating conditions 

specified in its petition. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the U.S. Department of Transportation’s 

(DOT) Docket Operations Facility, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. The Docket 

Operations Facility is open from 9 a.m. 

to 5 p.m., Monday through Friday, 

except Federal Holidays. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Web site: http:// 

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by 

February 25, 2013 will be considered by 

FRA before final action is taken. 

Comments received after that date will 

be considered as far as practicable. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78), or 

online at http://www.dot.gov/ 

privacy.html. 

Issued in Washington, DC, on December 

17, 2012. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2013–00223 Filed 1–8–13; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. AB 33 (Sub-No. 306X); Docket 

No. AB 1091X] 

Union Pacific Railroad Company— 

Abandonment and Discontinuance 

Exemption—in Cameron County, TX; 

Brownsville and Matamoras Bridge 

Company—Abandonment Exemption— 

in Cameron County, TX 

On December 20, 2012, Union Pacific 

Railroad Company (UP) and 

Brownsville and Matamoras Bridge 

Company (B&M) (collectively, 

Petitioners) jointly filed with the 

Surface Transportation Board a petition 

under 49 U.S.C. 10502 for exemption 

from the provisions of 49 U.S.C. 10903 

to permit: (1) UP to abandon and 

discontinue the portion of UP’s 

Brownsville Subdivision from milepost 

7.4 at Olmito Junction to milepost 0.22 

at Brownsville, Tex. (UP’s Brownsville 

Subdivision); and (2) B&M to abandon 

its 0.8 mile line from its connection to 

UP’s Brownsville Subdivision near UP 

milepost 0.41 to the international border 

with Mexico located near the centerpoint of B&M’s bridge at Brownsville 

(B&M Bridge Line), a total distance of 

7.98 miles in Cameron County, Tex. 

(collectively, the Line). The Line 

traverses United States Postal Service 

Zip Code 78520 and includes no 

stations. 

In addition to an exemption from the 

prior approval requirements of 49 U.S.C. 

10903, Petitioners seek an exemption 

from 49 U.S.C. 10904 (offer of financial 

assistance procedures) and 10905 

(public use provisions). In support, 

Petitioners state that no shippers are 

served by the Line and that there is an 

agreement in principle that, following 

abandonment, UP’s Brownsville 

Subdivision will be transferred to 

Cameron County, Tex., and/or the City 

of Brownsville, Tex., for interim trail 

use. B&M asserts that the .08 mile B&M 

Bridge Line is unsuitable for both public 

use and interim trail use. B&M states 

that the B&M Bridge will remain under 

ownership of B&M, and the B&M Bridge 

may play some future role in the 

movement of motor vehicle traffic 

across the border between Mexico and 

the United States. These requests will be 

addressed in the final decision. 

Petitioners state that the Line does not 

contain Federally granted rights-of-way. 

Any documentation in Petitioners’ 

possession will be made available 

promptly to those requesting it. 

The interest of railroad employees 

will be protected by the 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). 

By issuing this notice, the Board is 

instituting an exemption proceeding 

pursuant to 49 U.S.C. 10502(b). A final 

decision will be issued by April 9, 2013. 

Any offer of financial assistance 

(OFA) under 49 CFR 1152.27(b)(2) will 

be due no later than 10 days after 

service of a decision granting the 

petition for exemption. Each OFA must 

be accompanied by a $1,600 filing fee. 

See 49 CFR 1002.2(f)(25). 

All interested persons should be 

aware that, following abandonment of 

rail service and salvage of the Line, the 

Line may be suitable for other public 

use, including interim trail use. Any 

request for a public use condition under 

49 CFR 1152.28 or for trail use/rail 

banking under 49 CFR 1152.29 will be 

due no later than January 29, 2013. Each 

trail use request must be accompanied 

by a $250 filing fee. See 49 CFR 

1002.2(f)(27). 


srobinson on DSK4SPTVN1PROD with 
1936 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

1Tongue River R.R.—Rail Constr. and 

Operation—In Custer, Powder River and Rosebud 

Cntys., Mont. (Tongue River I), FD 30186 (ICC 

served Sept. 4, 1985), modified (ICC served May 9, 

1986), pet. for judicial review dismissed, N. Plains 

Res. Council v. ICC, 817 F.2d 758 (9th Cir.), cert. 

denied, 484 U.S. 976 (1987). 

2Tongue River R.R.—Rail Constr. and 

Operation—Ashland to Decker, Mont., 1 S.T.B. 809 

(1996), pet. for reconsid. denied (STB served Dec. 

31, 1996). 

3Tongue River R.R.—Rail Constr. and 

Operation—Western Alignment, FD 30186 (Sub-No. 

3) (STB served Oct. 9, 2007), pet. for reconsid. 

denied (STB served March 13, 2008). 

All filings in response to this notice 

must refer to Docket Nos. AB 33 (SubNo. 306X) and AB 1091X, and must be 

sent to: (1) Surface Transportation 

Board, 395 E Street SW., Washington, 

DC 20423–0001; and (2) Mack H. 

Shumate, Jr., 101 North Wacker Drive, 

#1920, Chicago, IL 60606. Replies to the 

joint petition are due on or before 

January 29, 2013. 

Persons seeking further information 

concerning abandonment procedures 

may contact the Board’s Office of Public 

Assistance, Governmental Affairs, and 

Compliance at (202) 245–0238 or refer 

to the full abandonment or 

discontinuance regulations at 49 CFR 

part 1152. Questions concerning 

environmental issues may be directed to 

the Board’s Office of Environmental 

Analysis (OEA) at (202) 245–0305. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339. 

An environmental assessment (EA) (or 

environmental impact statement (EIS), if 

necessary) prepared by OEA will be 

served upon all parties of record and 

upon any agencies or other persons who 

comment during its preparation. Other 

interested persons may contact OEA to 

obtain a copy of the EA (or EIS). EAs in 

these abandonment proceedings 

normally will be made available within 

60 days of the filing of the petition. The 

deadline for submission of comments on 

the EA will generally bewithin 30 days 

of its service. 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

Decided: January 3, 2013. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Derrick A. Gardner, 

Clearance Clerk. 

[FR Doc. 2013–00243 Filed 1–8–13; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 30186] 

Tongue River Railroad Company, 

Inc.—Rail Construction and 

Operation—In Custer, Powder River 

and Rosebud Counties, MT 

AGENCY: Surface Transportation Board. 

ACTION: Notice of Supplemental 

Application for Construction and 

Operation Authority and Board 

Acceptance. 

SUMMARY: Tongue River Railroad 

Company, Inc. (TRRC) seeks a Board 

license under 49 U.S.C. 10901 to 

construct and operate a rail line in 

southeast Montana. The purpose of the 

proposed line is to transport low sulfur 

sub-bituminous coal from mine sites in 

the Otter Creek and Ashland, Mont., 

area. TRRC had filed a revised 

application for its construction 

authority on October 16, 2012, but 

modified the project in a December 17, 

2012 supplemental application that 

supersedes the October 16 revised 

application. As discussed in the 

supplemental application, TRRC’s 

preferred routing for the proposed line 

would be the Colstrip Alignment 

between Colstrip, Mont., and Ashland/ 

Otter Creek, Mont., the southern portion 

of which was approved previously by 

the Interstate Commerce Commission 

(ICC). 

The Board here gives notice that it is 

accepting the supplemental application. 

The Board has already established a 

service list for this proceeding in a 

notice served on September 20, 2012, 

and a procedural schedule for filings on 

the transportation merits in a decision 

served on November 1, 2012. Under that 

schedule, filings concerning whether 

the supplemental application meets the 

criteria of 49 U.S.C. 10901 are due by 

March 1, 2013, and any reply comment 

from TRRC is due by April 15, 2013. As 

indicated below, any entity that is not 

currently on the service list that submits 

a filing by March 1 will be added to the 

service list. 

DATES: This notice is effective on 

January 13, 2013. Pleadings must be 

filed in accordance with the procedural 

schedule that the Board has established 

in this case. All filings must be served 

concurrently on all parties of record and 

must be accompanied by a certificate of 

service. 

ADDRESSES: Any filing submitted in this 

proceeding must be submitted either via 

the Board’s e-filing format or in the 

traditional paper format. Any person 

using e-filing should attach a document 

and otherwise comply with the 

instructions found on the Board’s Web 

site at ‘‘www.stb.dot.gov’’ at the ‘‘E– 

FILING’’ link. Any person submitting a 

filing in the traditional paper format 

should send an original and 10 paper 

copies of the filing (and also an 

electronic version) to: Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. In 

addition, one copy of each filing in this 

proceeding must be sent (and may be 

sent by email only if service by email is 

acceptable to the recipient) to each of 

the following: (1) David H. Coburn, 

Steptoe & Johnson LLP, 1330 

Connecticut Ave. NW., Washington, DC 

20036; and (2) any other person 

designated as a party of record on this 

proceeding’s service list. 

FOR FURTHER INFORMATION CONTACT: 

Marc A. 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: In 1986, 

the ICC authorized TRRC to construct an 

approximately 89-mile rail line between 

Miles City, Mont., and Ashland and 

Otter Creek, Mont., in a proceeding 

known as Tongue River I.1 In 1996, the 

Board authorized TRRC to build a 

contiguous 41-mile line from Ashland to 

Decker, Mont., in Tongue River II.2 In 

2007, the Board authorized TRRC to 

build and operate the Western 

Alignment, a 17.3-mile alternative route 

for a portion of the route already 

approved in Tongue River II, in a 

proceeding known as Tongue River III.3

Petitions for review of Tongue River II 

and Tongue River III were filed in the 

United States Court of Appeals for the 

Ninth Circuit, and, in 2011, the court 

affirmed in part, and reversed and 

remanded in part, those decisions for 

additional Board review. N. Plains Res. 

Council v. STB, 668 F.3d 1067 (9th Cir. 

2011). The court’s decision implicitly 

required the Board to revisit the 

environmental analysis for Tongue River 

I (as well as Tongue River II and Tongue 

River III), because the agency had 

conducted a cumulative impacts 

analysis for the entire line in Tongue 

River III, and not just the portion of the 

line at issue in Tongue River III, and had 

made the resulting mitigation 

conditions applicable to the entire line 

in its Tongue River III decision. On 

April 19, 2012, TRRC informed the 

Board that it no longer intended to build 

the Tongue River II and Tongue River III 

portions of the railroad. 

In a decision served on June 18, 2012, 

the Board dismissed Tongue River II and 

Tongue River III and reopened Tongue 


srobinson on DSK4SPTVN1PROD with