[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10646-10647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5141]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34554 (Sub-No. 11)]


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. 10) \1\ to permit the trackage rights to 
expire on or about December 31, 2009, 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 23, 2008, 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 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. 10) (STB served Jan. 8, 2009).
    \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) (decision served February 11, 2005); 
STB Finance Docket No. 34554 (Sub-No. 4) (decision served March 3, 
2006); STB Finance Docket No. 34554 (Sub-No. 6) (decision served 
January 12, 2007); and STB Finance Docket No. 34554 (Sub-No. 8) 
(decision served January 4, 2008). 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); STB Finance Docket No. 34554 (Sub-No. 7) (decision served 
March 13, 2007); and STB Finance Docket No. 34554 (Sub-No. 9) 
(decision served March 20, 2008). At the time of the extension 
authorized in STB Finance Docket No. 34554 (Sub-No. 8), the parties 
anticipated that the authority to allow the rights to expire would 
be exercised by December 31, 2008. However, the parties filed on 
December 23, 2008 in STB Finance Docket No. 34554 (Sub-No. 10) their 
most recent notice of exemption so that the trackage rights could be 
extended to December 31, 2009, and in STB Finance Docket No. 34554 
(Sub-No. 11) their latest petition to partially revoke the class 
exemption to permit expiration, which we are addressing here.

DATES: This exemption is effective on April 10, 2009. Petitions to stay 
must be filed by March 23, 2009. Petitions to reopen must be filed by 
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March 31, 2009.

ADDRESSES: An original and 10 copies of all pleadings referring to STB 
Finance Docket No. 34554 (Sub-No. 11) 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, Union Pacific Railroad Company, 1400 
Douglas Street, 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.

[[Page 10647]]

    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    By the Board, Chairman Nottingham, Vice Chairman Mulvey, and 
Commissioner Buttrey.

    Decided: March 5, 2009.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-5141 Filed 3-10-09; 8:45 am]
BILLING CODE 4915-01-P