[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Page 78819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31726]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35963 (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 local trackage rights described in Docket No. FD 
35963 to permit the temporary trackage rights to expire at midnight on 
December 31, 2018, in accordance with the agreement of the parties,\1\ 
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 (Oregon Short Line), 360 I.C.C. 
91 (1979).
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    \1\ In that docket, on October 30, 2015, 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 covered the 
agreement by Union Pacific Railroad Company (UP) to grant restricted 
local trackage rights to BNSF over UP's lines as follows: (1) 
Between 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) between 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. BNSF 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).

DATES: This decision is effective on January 16, 2016. Petitions to 
stay must be filed by December 28, 2015. Petitions for reconsideration 
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must be filed by January 6, 2016.

ADDRESSES: Send an original and 10 copies of all pleadings, referring 
to Docket No. FD 35963 (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, 
Karl Morell & Associates, 655 15th Street NW., Suite 225, Washington, 
DC 20005.

FOR FURTHER INFORMATION CONTACT: Amy Ziehm (202) 245-0391. [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: December 11, 2015.

    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Miller.
Tia Delano,
Clearance Clerk.
[FR Doc. 2015-31726 Filed 12-16-15; 8:45 am]
BILLING CODE 4915-01-P