[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Notices]
[Page 71680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29053]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35676 (Sub-No. 1)]


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

AGENCY: Surface Transportation Board, DOT.

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 Docket No. FD 35676 
\1\ to permit the trackage rights to expire at midnight on December 31, 
2012, in accordance with the agreement of the parties, subject to the 
employee protective conditions set forth in Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
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    \1\ On September 18, 2012, BNSF 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 local trackage rights to BNSF Railway 
Company over UP's lines between: (1) UP milepost 93.2 at Stockton, 
Cal., on UP's Oakland Subdivision, and UP milepost 219.4 at Elsey, 
Cal., on UP's Canyon Subdivision, a distance of 126.2 miles; and (2) 
UP milepost 219.4 at Elsey, and UP milepost 280.7 at Keddie, Cal., 
on UP's Canyon Subdivision, a distance of 61.3 miles. See BNSF Ry.-
Temp. Trackage Rights Exemption-Union Pac. R.R., FD 35676 (STB 
served Oct. 4, 2012). In its petition for partial revocation, BNSF 
states 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).

DATES: This exemption will be effective on January 3, 2013. Petitions 
to stay must be filed by December 13, 2012. Petitions for 
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reconsideration must be filed by December 24, 2012.

ADDRESSES: An original and ten copies of all pleadings, referring to 
Docket No. FD 35676 (Sub-No. 1), 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 BNSF's 
representative: Karl Morell, Of Counsel, Ball Janik LLP, 655 Fifteenth 
Street NW., Suite 225, Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT: Scott M. Zimmerman, (202) 245-0386. 
[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 www.stb.dot.gov.

    Decided: November 26, 2012.

    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Begeman.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-29053 Filed 11-30-12; 8:45 am]
BILLING CODE 4915-01-P