[Federal Register Volume 75, Number 49 (Monday, March 15, 2010)]
[Notices]
[Page 12329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5587]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34554 (Sub-No. 13)]


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

AGENCY: Surface Transportation Board, DOT.

ACTION: Partial revocation of exemption.

-----------------------------------------------------------------------

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. 34554 (Sub-No. 12) \1\ to permit the trackage rights to expire on 
or about December 18, 2010, 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).
---------------------------------------------------------------------------

    \1\ In that docket, on December 18, 2009, UP 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 to December 18, 2010, the 
expiration date of the local trackage rights granted to UP over 
BNSF's 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. UP submits that while the trackage rights 
are only temporary rights, 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. 12) (STB served Dec. 31, 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 
several notices of exemption 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 so that the trackage rights 
could be extended to December 18, 2010, and in STB Finance Docket 
No. 34554 (Sub-No. 13) their latest petition to partially revoke the 
class exemption to permit expiration, which we are addressing here.

DATES: This exemption will be effective on April 14, 2010. Petitions to 
stay must be filed by March 25, 2010. Petitions for reconsideration 
---------------------------------------------------------------------------
must be filed by April 5, 2010.

ADDRESSES: Send an original and 10 copies of all pleadings, referring 
to STB Finance Docket No. 34554 (Sub-No. 13) to: Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on UP's representative: Mack H. 
Shumate, Jr., Senior General Attorney, 101 North Wacker Drive, Room 
1920, Chicago, IL 60606.

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: March 8, 2010.

    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Nottingham.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-5587 Filed 3-12-10; 8:45 am]
BILLING CODE 4915-01-P