[Federal Register Volume 74, Number 214 (Friday, November 6, 2009)]
[Pages 57550-57551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26799]



Surface Transportation Board

[STB Ex Parte No. 693]

Oral Argument

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of oral argument.


SUMMARY: By a decision served on November 3, 2009, the Board announced 
that it will hold oral arguments in two cases: STB Finance Docket No. 
35225, San Benito Railroad LLC-Acquisition Exemption-Certain Assets of 
Union Pacific Railroad Company (San Benito RR); and STB Docket No. 
42114, US Magnesium, L.L.C. v. Union Pacific Railroad Company (USM v. 
    Dates/Location: The oral arguments will take place on Monday, 
November 23, 2009, at 9:30 a.m., in the Board's hearing room at the 
Board's headquarters located at 395 E Street, SW., Washington, DC. By 
November 19, 2009, the parties should submit to the Board the name of 
the counsel who will be presenting argument, the party counsel will be 
representing, and the requested time reserved for rebuttal if the party 
is the movant or complainant.

FOR FURTHER INFORMATION CONTACT: Valerie Quinn, (202) 245-0382.

[[Page 57551]]

Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: In STB Finance Docket No. 35225, San Benito 
Railroad LLC (San Benito), a noncarrier, has filed a verified notice of 
exemption to acquire from Union Pacific Railroad Company (UP) certain 
railroad assets, including approximately 12.43 miles of rail line 
extending between approximately milepost 0.7 (near Hollister, CA) and 
approximately milepost 12.50 (near Carnadero, CA) in San Benito County. 
San Benito simultaneously filed a motion to dismiss the notice of 
exemption. San Benito seeks a determination from the Board that it 
would not become a common carrier and that the Board would not have 
jurisdiction over the proposed acquisition because the parties have 
structured the transaction pursuant to the terms and conditions of the 
Interstate Commerce Commission's decision in State of Maine-Acq. and 
Op. Exempt., 8 I.C.C. 2d 935 (1991) (State of Maine), and subsequent 
Board decisions addressing State of Maine.
    The Brotherhood of Maintenance of Way Employees Division/IBT and 
the Brotherhood of Railroad Signalmen (collectively ``Unions'') filed a 
response in opposition to San Benito's motion to dismiss. The Unions 
argue that State of Maine was wrongly decided and must be overturned 
because it is contrary to the Interstate Commerce Act. The Board will 
hear argument on the motion to dismiss the notice of exemption.
    In STB Docket No. 42114, US Magnesium, L.L.C. (USM), has filed a 
complaint challenging the reasonableness of rates charged by Union 
Pacific Railroad Company (UP) for the movement of chlorine by tank car 
from: (1) Rowley, UT, to Eloy, AZ; and (2) Rowley to Sahuarita, AZ. USM 
seeks relief pursuant to the simplified procedures set forth in 
Simplified Standards for Rail Rate Cases, STB Ex Parte No. 646 (Sub-No. 
1) (STB served Sept. 5, 2007). USM has elected to utilize the Three-
Benchmark method, under which the total available rate relief is 
limited to $1 million over a 5-year period. UP has answered the 
complaint and both parties have submitted their evidence. The Board 
will hold an oral argument on this rate complaint.
    The STB requests that all persons attending the hearing use the 
Patriots Plaza Building's main entrance at 395 E Street, SW. (closest 
to the northeast corner of the intersection of 4th and E Streets). 
There will be no reserved seating, except for those scheduled to 
present oral arguments. The building will be open to the public at 7 
a.m., and participants are encouraged to arrive early. There is no 
public parking in the building. The oral arguments will be open for 
public observation, but only counsel for the parties will be permitted 
to present argument. A video broadcast of the oral argument will be 
available via the Board's Web site at http://www.stb.dot.gov, under 
``Information Center''/``Webcast''/``Live Video'' on the home page.
    Additional information is contained in the Board's decision. A copy 
of the Board's decision is available for inspection or copying at the 
Board's Public Docket Room, Room 131, 395 E Street, SW., Washington, DC 
20423-0001, and is posted on the Board's Web site, http://www.stb.dot.gov.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: November 3, 2009.

    By the Board, Anne K. Quinlan, Acting Secretary.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-26799 Filed 11-5-09; 8:45 am]