[Federal Register Volume 73, Number 55 (Thursday, March 20, 2008)]
[Notices]
[Pages 15046-15047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5544]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34554 (Sub-No. 9]


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: 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. 8) \1\ to permit the trackage rights to 
expire on or about December 31, 2008, 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 21, 2007, Union Pacific Railway 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 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 under 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. 8) (STB served Jan. 4, 2008).
    \2\ The trackage rights were originally 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). Subsequently, the parties filed 
notices of exemption several times based on their agreements to 
extend expiration dates of the same trackage rights. See STB Finance 
Docket No. 34554 (Sub-No. 2) (served February 11, 2005); STB Finance 
Docket No. 34554 (Sub-No. 4) (served March 3, 2006); and STB Finance 
Docket No. 34554 (Sub-No. 6) (served January 12, 2007). 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 STB Finance Docket No. 
34554 (Sub-No. 1) (decision served November 24, 2004); STB Finance 
Docket No. 34554 (Sub-No. 3) (decision served March 25, 2005); STB 
Finance Docket No. 34554 (Sub-No. 5) (decision served March 23, 
2006); and STB Finance Docket No. 34554 (Sub-No. 7) (decision served 
March 13, 2007). At the time of the extension authorized in STB 
Finance Docket No. 34554 (Sub-No. 6), the parties anticipated that 
the authority to allow the rights to expire would be exercised by 
December 31, 2007. However, the parties filed on December 21, 2007 
in STB Finance Docket No. 34554 (Sub-No. 8) their most recent notice 
of exemption so that the trackage rights could be extended to 
December 31, 2008, and in STB Finance Docket No. 34554 (Sub-No. 9) 
their latest petition to partially revoke the class exemption to 
permit expiration, which we are addressing here.

DATES: This exemption is effective on April 19, 2008. Petitions to stay 
must be filed by March 31, 2008. Petitions to reopen must be filed by 
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April 9, 2008.

ADDRESSES: An original and 10 copies of all pleadings referring to STB 
Finance Docket No. 34554 (Sub-No. 9) 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: Melissa Ziembicki, (202) 245-0386. 
[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 12, 2008.


[[Page 15047]]


    By the Board, Chairman Nottingham, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-5544 Filed 3-19-08; 8:45 am]
BILLING CODE 4915-01-P