[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Notices]
[Page 79650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32166]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35974 (Sub-No. 1)]


Union Pacific Railroad Company--Temporary Trackage Rights 
Exemption--BNSF Railway 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 overhead trackage rights described in Docket No. 
FD 35974 \1\ to permit the trackage rights to expire on December 31, 
2018, as provided in the parties' underlying temporary trackage rights 
agreement, 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\ In that docket, on November 3, 2015, Union Pacific Railroad 
Company (UP) 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 between UP and the BNSF Railway Company 
(BNSF) that is intended to grant UP overhead temporary trackage 
rights until December 31, 2018, to operate between milepost 579.3 
near Mill Creek, Okla., on BNSF's Creek Subdivision and milepost 
631.0 near Joe Junction, Tex., on BNSF's Madill Subdivision, a 
distance of approximately 51.7 miles. UP stated that because the 
temporary trackage rights are longer than a year in duration, the 
Board's class exemption for temporary trackage rights under 49 CFR 
1180.2(d)(8) does not apply. Instead, UP concurrently filed a 
Petition for Partial Revocation in this sub-docket. Notice of 
exemption was served and published in the Federal Register on 
November 19, 2015 (80 FR 72,486). That notice indicated that the 
Board would address the Petition for Partial Revocation in a 
separate decision, which it is doing here and in the Board's 
decision served today in this sub-docket.

DATES: This decision is effective on January 21, 2016. Petitions to 
stay must be filed by January 4, 2016. Petitions for reconsideration 
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must be filed by January 11, 2016.

ADDRESSES: Send an original and 10 copies of all pleadings, referring 
to Docket No. FD 35974 (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 Jeremy M. Berman, Union Pacific 
Railroad Company, 1400 Douglas Street, STOP 1580, Omaha, NE 68179.

FOR FURTHER INFORMATION CONTACT: Jessica Caine (202) 245-0392. 
[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: December 15, 2015.

    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Miller.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-32166 Filed 12-21-15; 8:45 am]
 BILLING CODE 4915-01-P