[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Notices]
[Pages 66802-66803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26592]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35776]


Union Pacific Railroad Company--Operation Exemption--In Bexar and 
Wilson Counties, Tex.

    Union Pacific Railroad Company (UP), a Class I rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to operate as 
a rail common carrier over approximately 7,391 feet of track between 
milepost 16.1 and milepost 17.5 in Bexar and Wilson Counties, Tex. (the 
Line).
    According to UP, the Line lies entirely within a right-of-way 
formerly occupied by a line of railroad that was abandoned in 1994 by 
UP's predecessor, the Southern Pacific Transportation Company. UP 
states that following the abandonment, the track and ties were removed 
but UP retained ownership of the right-of-way, which has not been used 
for any non-rail purposes.
    According to UP, in 2012, it was approached by a potential 
customer, Frac Resources, LP (Frac Resources), interested in 
reinstating rail service on the Line, and, in order to facilitate rail 
service to its desired location on the Line, Frac Resources constructed 
7,391 feet of track to reach its facility. UP states that as plans for 
rail service developed, the parties determined that the best course of 
action was for UP to operate the Line as a rail common carrier due 
primarily to the potential for additional customers on the Line. To 
this end, UP purchased the Line from Frac Resources.\1\
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    \1\ According to UP, at the time of the purchase the Line was 
properly classified either as excepted track pursuant to 49 U.S.C. 
10906 or a private track outside the Board's jurisdiction. Thus, UP 
asserts that Board authority was not needed for UP to purchase the 
Line.
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    The earliest the transaction can be consummated is November 20, 
2013, the effective date of the exemption (30 days after the exemption 
was filed).
    If the verified notice 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. Petitions to stay must be filed no later than November 13, 
2013 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35776, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In

[[Page 66803]]

addition, a copy of each pleading must be served on Jeremy M. Berman, 
Union Pacific Railroad Company, 1400 Douglas St., STOP 1580, Omaha, NE 
68179.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: October 31, 2013.
    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-26592 Filed 11-5-13; 8:45 am]
BILLING CODE 4915-01-P