[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Notices]
[Page 29531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14547]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35238 (Sub-No. 1)]


BNSF Railway Company--Temporary Trackage Rights Exemption--Union 
Pacific Railroad Company

AGENCY: Surface Transportation Board.

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 STB Finance Docket 
No. 35238 \1\ to permit the trackage rights to expire at midnight on 
December 31, 2009, in accordance with the agreement of the parties, 
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 April 9, 2009, the BNSF Railway Company (BNSF) 
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 Union Pacific Railroad Company (UP) to 
grant temporary local trackage rights to BNSF over UP's lines 
extending between: (1) UP milepost 93.2 at Stockton, CA, on UP's 
Oakland Subdivision, and UP milepost 219.4 at Elsey, CA, on UP's 
Canyon Subdivision, a distance of approximately 126.2 miles, and (2) 
UP milepost 219.4 at Elsey, CA, and UP milepost 280.7 at Keddie, CA, 
on UP's Canyon Subdivision, a distance of 61.3 miles. BNSF 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 BNSF Railway Company--Temporary 
Trackage Rights Exemption--Union Pacific Railroad Company, STB 
Finance Docket No. 35238 (STB served Apr. 24, 2009).

DATES: This exemption will be effective on July 22, 2009. Petitions to 
stay must be filed by July 2, 2009. Petitions for reconsideration must 
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be filed by July 13, 2009.

ADDRESSES: Send an original and 10 copies of all pleadings, referring 
to STB Finance Docket No. 35238 (Sub-No. 1) to: Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on BNSF's representative: Karl 
Morell, of Counsel, Ball Janik LLP, Suite 225, 1455 F Street, NW., 
Washington, DC 20005.

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

    Decided: June 16, 2009.

    By the Board, Acting Chairman Mulvey, and Vice Chairman 
Nottingham.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-14547 Filed 6-19-09; 8:45 am]
BILLING CODE 4915-01-P