[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Page 19969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08051]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35808 (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. 35808 \1\ 
to permit the trackage rights to expire at midnight on October 31, 
2014, 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 Betweem Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
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    \1\ In that docket, on February 28, 2014, BNSF Railway Company 
(BNSF) filed a verified notice of exemption under the Board's class 
exemption procedures at 49 CFR 1180.2(d)(7). The notice addressed an 
agreement in which Union Pacific Railroad Company (UP) granted 
temporary local trackage rights to BNSF over UP's lines extending 
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 approximately 126.2 miles, and (2) UP 
milepost 219.4 at Elsey, Cal., and UP milepost 280.7 at Keddie, 
Cal., on UP's Canyon Subdivision, a distance of 61.3 miles. BNSF 
states that the trackage rights that were granted there 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 
BNSF Ry.--Temporary Trackage Rights Exemption--Union Pac. R.R., FD 
35808 (STB served Mar. 24, 2014).

DATES: This decision is effective on May 10, 2014. Petitions to stay 
must be filed by April 21, 2014. Petitions for reconsideration must be 
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filed by April 30, 2014.

ADDRESSES: Send an original and 10 copies of all pleadings, referring 
to Docket No. FD 35808 (Sub-No. 1) to: 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, Suite 225, 655 Fifteenth Street NW., 
Washington, DC 20005.

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 (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: April 4, 2014.

    By the Board, Chairman Elliott and Vice Chairman Begeman.
Raina S. White,
Clearance Clerk.
[FR Doc. 2014-08051 Filed 4-9-14; 8:45 am]
BILLING CODE 4915-01-P