[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Notices]
[Pages 69375-69376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30880]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34554 (Sub-No. 12)]


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

    Pursuant to a modified written trackage rights agreement dated 
December 15, 2009, BNSF Railway Company (BNSF) has agreed to extend the 
December 31, 2009 expiration date of the local trackage rights granted 
to the Union Pacific Railroad Company (UP) \1\ over a BNSF line of 
railroad extending from BNSF milepost 579.3 near Mill Creek, OK, to 
BNSF milepost 631.1 near Joe Junction, TX, a distance of approximately 
52 miles.\2\
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    \1\ UP submits that the trackage rights being granted here 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 
Railroad Consolidation Procedures, 6 S.T.B. 910 (2003). Therefore, 
UP concurrently has filed a petition for partial revocation of this 
exemption in STB Finance Docket No. 34554 (Sub-No. 13), Union 
Pacific Railroad Company-Temporary Trackage Rights Exemption-BNSF 
Railway Company, wherein UP requests that the Board permit the 
proposed local trackage rights arrangement described in the present 
proceeding to expire on or about December 18, 2010, as provided in 
the parties' agreement. That petition will be addressed by the Board 
in a separate decision.
    \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); STB Finance Docket No. 34554 (Sub-No. 8) 
(decision served January 4, 2008); and STB Finance Docket No. 34554 
(Sub-No. 10) (decision served January 8, 2009). 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); STB Finance Docket No. 34554 (Sub-No. 9) (decision 
served March 20, 2008); and STB Finance Docket No. 34554 (Sub-No. 
11) (decision served March 11, 2009). At the time of the extension 
authorized in STB Finance Docket No. 34554 (Sub-No. 10), the parties 
anticipated that the authority to allow the rights to expire would 
be exercised by December 31, 2009. However, the parties filed on 
December 18, 2009 in STB Finance Docket No. 34554 (Sub-No. 12) their 
most recent notice of exemption to allow the trackage rights to be 
extended to on or about December 18, 2010, which we are addressing 
here.
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    The transaction is scheduled to be consummated on January 22, 2010.
    The purpose of this transaction is to modify the temporary trackage 
rights exempted in STB Finance Docket No. 34554 (Sub-No. 10) to further 
extend the expiration date to on or about December 18, 2010. The 
modified trackage rights will permit UP to continue to move loaded and 
empty ballast trains for use in its maintenance-of-way projects.
    As a condition to this exemption, any employee affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it contains 
false or misleading information, the exemption is void ab initio. 
Petitions to revoke the

[[Page 69376]]

exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing 
of a petition to revoke will not automatically stay the effectiveness 
of the exemption. Stay petitions must be filed by January 9, 2010 (7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34554 (Sub-No. 12), must be filed with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on Mack H. Shumate, 
Jr., Senior General Attorney, Union Pacific Railroad Company, 101 North 
Wacker Drive, Room 1920, Chicago, IL 60606.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: December 23, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-30880 Filed 12-30-09; 8:45 am]
BILLING CODE 4915-01-P