[Federal Register Volume 72, Number 48 (Tuesday, March 13, 2007)]
[Notices]
[Page 11428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4424]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34554 (Sub-No. 7)]


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: The Board, under 49 U.S.C. 10502, revokes the class exemption 
as it pertains to the modified trackage rights described in STB Finance 
Docket No. 34554 (Sub-No. 6) \1\ to permit the trackage rights to 
expire on or about December 31, 2007, in accordance with the agreement 
of the parties,\2\ subject to the employee protective conditions set 
forth in Oregon Short Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 
(1979).
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    \1\ On December 29, 2006, Union Pacific Railroad Company (UP) 
concurrently 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 the BNSF Railway Company (BNSF) to extend 
the expiration date of the local trackage rights granted to UP over 
BNSF's line of railroad between BNSF milepost 579.3 near Mill Creek, 
OK, and BNSF milepost 631.1 near Joe Junction, TX, a distance of 
approximately 51 miles. UP submits that the trackage rights 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 
Union Pacific Railroad Company--Temporary Trackage Rights 
Exemption--BNSF Railway Company, STB Finance Docket No. 34554 (Sub-
No. 6) (STB served Jan. 12, 2007).
    \2\ The original trackage rights granted in Union Pacific 
Railroad Company--Temporary Trackage Rights Exemption--The 
Burlington Northern and Santa Fe Railway Company, STB Finance Docket 
No. 34554 (STB served Oct. 7, 2004), also extended from BNSF 
milepost 579.3 near Mill Creek, OK, to BNSF milepost 631.1 near Joe 
Junction, TX. By decisions served on November 24, 2004, in STB 
Finance Docket No. 34554 (Sub-No. 1), on March 25, 2005, in STB 
Finance Docket No. 34554 (Sub-No. 3), and on March 23, 2006, in STB 
Finance Docket No. 34554 (Sub-No. 5), the Board granted exemptions 
to permit the trackage rights authorized in STB Finance Docket No. 
34554 and extended in STB Finance Docket No. 34554 (Sub-No. 2), 
served on February 11, 2005, and in STB Finance Docket No. 34554 
(Sub-No. 4), served on March 3, 2006, to expire. At the time of the 
last extension, it was anticipated by the parties that the rights 
would expire on or about December 31, 2006. However, this authority 
had not yet been exercised at the time of filing of the notice of 
exemption in STB Finance Docket No. 34554 (Sub-No. 6) for a further 
extension of the expiration date.

DATES: This exemption is effective on April 12, 2007. Petitions to stay 
must be filed by March 23, 2007. Petitions to reopen must be filed by 
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April 2, 2007.

ADDRESSES: An original and 10 copies of all pleadings referring to STB 
Finance Docket No. 34554 (Sub-No. 7) must be filed with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In 
addition, a copy of all pleadings must be served on petitioner's 
representative: Gabriel S. Meyer, 1400 Douglas Street, STOP 1580, 
Omaha, NE 68179.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar (202) 245-0395. 
[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. To purchase a copy of the full decision, write to, e-
mail or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, 
Lanham, MD 20706; e-mail [email protected]; telephone (202) 306-4004. 
[Assistance for the hearing impaired is available through FIRS at 1-
800-877-8339.]
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: March 5, 2007.

    By the Board, Chairman Nottingham, Vice Chairman Buttrey, and 
Commissioner Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. E7-4424 Filed 3-12-07; 8:45 am]
BILLING CODE 4915-01-P