[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Pages 53254-53255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21578]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 34554 (Sub-No. 16)]


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

    Pursuant to a modified written temporary trackage rights agreement 
dated August 10, 2012, BNSF Railway Company (BNSF) has agreed to extend 
the December 18, 2011 expiration date of the local trackage rights 
granted to Union Pacific Railroad Company (UP) \1\ over BNSF's line of 
railroad extending between BNSF mileposts 579.3 near Mill Creek, Okla., 
and 631.1 near Joe Junction, Tex., a distance of approximately 51 
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 
R.R. Consolidation Procedures, 6 S.T.B. 910 (2003). Therefore, UP 
concurrently has filed a petition for partial revocation of this 
exemption in Union Pacific Railroad Company--Temporary Trackage 
Rights Exemption--BNSF Railway Company, Docket No. FD 34554 (Sub-No. 
17), wherein UP requests that the Board permit the proposed local 
trackage rights arrangement described in the present proceeding to 
expire on or about December 31, 2012, 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, FD 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 FD 34554 (Sub-No. 
2) (STB served Feb. 11, 2005); FD 34554 (Sub-No. 4) (STB served Mar. 
3, 2006); FD 34554 (Sub-No. 6) (STB served Jan. 12, 2007); FD 34554 
(Sub-No. 8) (STB served Jan. 4, 2008); FD 34554 (Sub-No. 10) (STB 
served Jan. 8, 2009); FD 34554 (Sub-No. 12) (STB served Dec. 31, 
2009); and FD 34554 (Sub-No. 14) (STB served Feb. 11, 2011). 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 FD 34554 (Sub-No. 1) 
(STB served Nov. 24, 2004); FD 34554 (Sub-No. 3) (STB served Mar. 
25, 2005); FD 34554 (Sub-No. 5) (STB served Mar. 23, 2006); FD 34554 
(Sub-No. 7) (STB served Mar. 13, 2007); FD 34554 (Sub-No. 9) (STB 
served Mar. 20, 2008); FD 34554 (Sub-No. 11) (STB served Mar. 11, 
2009); FD 34554 (Sub-No. 13) (STB served Mar. 15, 2010); and FD 
34554 (Sub-No. 15) (STB served Apr. 15, 2011). At the time of the 
extension authorized in Docket No. FD 34554 (Sub-No. 14), the 
parties anticipated that the authority to allow the rights to expire 
would be exercised by December 18, 2011. However, the parties filed 
on August 16, 2012, in Docket No. FD 34554 (Sub-No. 16) their most 
recent notice of exemption to allow the trackage rights to be 
extended to on or about December 31, 2012, which we are addressing 
here.
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    The transaction is scheduled to be consummated on or after 
September 15,

[[Page 53255]]

2012, the effective date of the exemption (30 days after the exemption 
is filed).
    The purpose of this transaction is to modify the temporary trackage 
rights exempted in Docket No. FD 34554 (Sub-No. 14) to further extend 
the expiration date to on or about December 31, 2012. 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 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease & 
Operate--California Western Railroad, 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 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 September 7, 2012 (at least 7 days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 34554 (Sub-No. 16), 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 Elisa B. Davies, General 
Attorney, Union Pacific Railroad Company, 1400 Douglas Street, Mail 
Stop 1580, Omaha, NE 68179.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.


    Decided: August 27, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-21578 Filed 8-30-12; 8:45 am]
BILLING CODE 4915-01-P