80_FR_79061 80 FR 78819 - BNSF Railway Company-Temporary Trackage Rights Exemption-Union Pacific Railroad Company

80 FR 78819 - BNSF Railway Company-Temporary Trackage Rights Exemption-Union Pacific Railroad Company

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 242 (December 17, 2015)

Page Range78819-78819
FR Document2015-31726

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). ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 242 (Thursday, December 17, 2015)
[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Page 78819]
From the Federal Register Online  [www.thefederalregister.org]
[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 
---------------------------------------------------------------------------
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



                                                                              Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices                                                 78819

                                                    this type of trailer and comply with                    DEPARTMENT OF TRANSPORTATION                             By the Board, Chairman Elliott, Vice
                                                    FMVSS No. 224.                                                                                                 Chairman Begeman, and Commissioner
                                                                                                            Surface Transportation Board                           Miller.
                                                       In support of its petition for                                                                              Tia Delano,
                                                    exemption, Columbia Body notes that                     [Docket No. FD 35963 (Sub–No. 1)]
                                                                                                                                                                   Clearance Clerk.
                                                    gravity feed dump trailers see limited
                                                    highway exposure due to their function.                 BNSF Railway Company—Temporary                         [FR Doc. 2015–31726 Filed 12–16–15; 8:45 am]

                                                    Specifically, the trailers themselves are               Trackage Rights Exemption—Union                        BILLING CODE 4915–01–P
                                                                                                            Pacific Railroad Company
                                                    on the road for short periods of time.
                                                    ‘‘Asphalt batch plants are typically set                AGENCY:    Surface Transportation Board,
                                                    close to the paving activity to limit time              DOT.                                                   DEPARTMENT OF THE TREASURY
                                                    traveling between the two paving                        ACTION:   Partial revocation of exemption.             Financial Crimes Enforcement Network
                                                    activities.’’ Additionally, the petitioner
                                                    states that in many instances, these                    SUMMARY:    Under 49 U.S.C. 10502, the                 Bank Secrecy Act Advisory Group;
                                                                                                            Board revokes the class exemption as it
                                                    paving machines are often performing                                                                           Solicitation of Application for
                                                                                                            pertains to the local trackage rights
                                                    their transport tasks away from the                                                                            Membership
                                                                                                            described in Docket No. FD 35963 to
                                                    driving public in restricted access                     permit the temporary trackage rights to                AGENCY: Financial Crimes Enforcement
                                                    construction areas.                                     expire at midnight on December 31,                     Network (‘‘FinCEN’’), Treasury.
                                                       Finally, Columbia Body believes its                  2018, in accordance with the agreement                 ACTION: Notice and request for
                                                    ability to obtain an exemption is in the                of the parties,1 subject to the employee               nominations.
                                                    public interest. Columbia Body has                      protective conditions set forth in Oregon
                                                    informed NHTSA that customers                           Short Line Railroad—Abandonment                        SUMMARY:  FinCEN is inviting the public
                                                    requesting its gravity feed dump trailers               Portion Goshen Branch Between Firth &                  to nominate financial institutions and
                                                    are doing so in order to pave local                     Ammon, in Bingham & Bonneville                         trade groups for membership on the
                                                    roadways. Many purchasers are local                     Counties, Idaho (Oregon Short Line),                   Bank Secrecy Act Advisory Group. New
                                                    municipalities, or companies that                       360 I.C.C. 91 (1979).                                  members will be selected for three-year
                                                    support local municipalities in creating                DATES: This decision is effective on                   membership terms.
                                                    and maintaining roads for the traveling                 January 16, 2016. Petitions to stay must               DATES: Nominations must be received
                                                    public. Therefore, the petitioner                       be filed by December 28, 2015. Petitions               by January 19, 2016.
                                                    believes supplying gravity feed dump                    for reconsideration must be filed by                   ADDRESSES: Applications must be
                                                    trailers is in the public interest.                     January 6, 2016.                                       emailed to BSAAG@fincen.gov.
                                                                                                            ADDRESSES: Send an original and 10
                                                                                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                                    D. Completeness and Comment Period                      copies of all pleadings, referring to                  FinCEN Resource Center at 800–767–
                                                                                                            Docket No. FD 35963 (Sub-No. 1) to:                    2825.
                                                       Upon receiving a petition, NHTSA                     Surface Transportation Board, 395 E
                                                    conducts an initial review of the                       Street SW., Washington, DC 20423–                      SUPPLEMENTARY INFORMATION:     The
                                                    petition with respect to whether the                    0001. In addition, a copy of each                      Annunzio-Wylie Anti-Money
                                                    petition is complete and whether the                    pleading must be served on BNSF’s                      Laundering Act of 1992 required the
                                                    petitioner appears to be eligible to apply              representative: Karl Morell, Karl Morell               Secretary of the Treasury to establish a
                                                    for the requested exemption. The agency                 & Associates, 655 15th Street NW., Suite               Bank Secrecy Act Advisory Group
                                                    has concluded that Columbia Body’s                      225, Washington, DC 20005.                             (BSAAG) consisting of representatives
                                                    petition is complete and that it is                     FOR FURTHER INFORMATION CONTACT:                       from federal regulatory and law
                                                    eligible to apply for a temporary                       Amy Ziehm (202) 245–0391. [Assistance                  enforcement agencies, financial
                                                    exemption. The agency has not made                      for the hearing impaired is available                  institutions, and trade groups with
                                                    any judgment on the merits of the                       through the Federal Information Relay                  members subject to the requirements of
                                                    application. NHTSA has placed a non-                    Service (FIRS) at 1–800–877–8339.]                     the Bank Secrecy Act, 31 CFR 1000–
                                                    confidential copy of the petition in the                SUPPLEMENTARY INFORMATION:                             1099 et seq. or Section 6050I of the
                                                    docket.                                                 Additional information is contained in                 Internal Revenue Code of 1986. The
                                                                                                            the Board’s decision. Board decisions                  BSAAG is the means by which the
                                                       The agency seeks comment from the                                                                           Treasury receives advice on the
                                                    public on the merits of Columbia Body’s                 and notices are available on our Web
                                                                                                            site at http://www.stb.dot.gov.                        operations of the Bank Secrecy Act. As
                                                    petition for a temporary exemption from                                                                        chair of the BSAAG, the Director of
                                                    FMVSS No. 224. After considering                          Decided: December 11, 2015.
                                                                                                                                                                   FinCEN is responsible for ensuring that
                                                    public comments and other available                                                                            relevant issues are placed before the
                                                                                                               1 In that docket, on October 30, 2015, BNSF
                                                    information, we will publish a notice of                Railway Company (BNSF) filed a verified notice of      BSAAG for review, analysis, and
                                                    final action on the petition in the                     exemption under the Board’s class exemption            discussion.
                                                    Federal Register.                                       procedures at 49 CFR 1180.2(d)(7). The notice             BSAAG membership is open to
                                                                                                            covered the agreement by Union Pacific Railroad        financial institutions and trade groups.
                                                    Raymond R. Posten,                                      Company (UP) to grant restricted local trackage
                                                                                                            rights to BNSF over UP’s lines as follows: (1)         New members will be selected to serve
                                                    Associate Administrator for Rulemaking.                                                                        a three-year term and must designate
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            Between UP milepost 93.2 at Stockton, Cal., on UP’s
                                                    [FR Doc. 2015–31709 Filed 12–16–15; 8:45 am]            Oakland Subdivision, and UP milepost 219.4 at          one individual to represent that member
                                                                                                            Elsey, Cal., on UP’s Canyon Subdivision, a distance
                                                    BILLING CODE 4910–59–P
                                                                                                            of 126.2 miles; and (2) between UP milepost 219.4
                                                                                                                                                                   at plenary meetings. The designated
                                                                                                            at Elsey and UP milepost 280.7 at Keddie, Cal., on     representative should be knowledgeable
                                                                                                            UP’s Canyon Subdivision, a distance of 61.3 miles.     about Bank Secrecy Act requirements
                                                                                                            BNSF submits that, while the trackage rights are       and must be able and willing to make
                                                                                                            only temporary rights, because they are ‘‘local’’
                                                                                                            rather than ‘‘overhead’’ rights, they do not qualify
                                                                                                                                                                   the necessary time commitment to
                                                                                                            for the Board’s class exemption for temporary          participate on committees throughout
                                                                                                            trackage rights under 49 CFR 1180.2(d)(8).             the year by phone and attend biannual


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Document Created: 2018-03-02 09:19:00
Document Modified: 2018-03-02 09:19:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionPartial revocation of exemption.
DatesThis decision is effective on January 16, 2016. Petitions to stay must be filed by December 28, 2015. Petitions for reconsideration
ContactAmy Ziehm (202) 245-0391. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.]
FR Citation80 FR 78819 

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