80_FR_79895 80 FR 79650 - Union Pacific Railroad Company-Temporary Trackage Rights Exemption-BNSF Railway Company

80 FR 79650 - Union Pacific Railroad Company-Temporary Trackage Rights Exemption-BNSF Railway Company

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 245 (December 22, 2015)

Page Range79650-79650
FR Document2015-32166

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

Federal Register, Volume 80 Issue 245 (Tuesday, December 22, 2015)
[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Notices]
[Page 79650]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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 
---------------------------------------------------------------------------
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



                                                  79650                      Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices

                                                  Ave SW., Suite 800W, Washington, DC                     pertains to the overhead trackage rights               DEPARTMENT OF TRANSPORTATION
                                                  20024.                                                  described in Docket No. FD 35974 1 to
                                                  FOR FURTHER INFORMATION CONTACT: Ms.                    permit the trackage rights to expire on                Office of the Secretary
                                                  Heather Hemdal, ATPAC Executive                         December 31, 2018, as provided in the                  [Docket No. DOT–OST—2014–0011]
                                                  Director, 600 Independence Avenue                       parties’ underlying temporary trackage
                                                  SW., Washington, DC 20591.                              rights agreement, subject to the                       National Freight Advisory Committee:
                                                  SUPPLEMENTARY INFORMATION: Pursuant                     employee protective conditions set forth               Notice of Public Meeting
                                                  to Section 10(a)(2) of the Federal                      in Oregon Short Line Railroad—
                                                  Advisory Committee Act (Pub. L. 92–                     Abandonment Portion Goshen Branch                      ACTION:   Notice of public meeting.
                                                  463; 5 U.S.C. App.2), notice is hereby                  Between Firth & Ammon, in Bingham &
                                                                                                          Bonneville Counties, Idaho, 360 I.C.C.                 SUMMARY:    The U.S. Department of
                                                  given of a meeting of the ATPAC to be                                                                          Transportation (DOT) announces a
                                                  held Tuesday, February 23, 2016 from                    91 (1979).
                                                                                                                                                                 webinar meeting of its National Freight
                                                  12:45 p.m. to 4:30 p.m., and                            DATES: This decision is effective on                   Advisory Committee (NFAC) to develop
                                                  Wednesday, February 24, 2016 from                       January 21, 2016. Petitions to stay must               comments on the draft National Freight
                                                  8:45 a.m. to 4:30 p.m.                                  be filed by January 4, 2016. Petitions for             Strategic Plan (Plan.) This meeting is
                                                    The agenda for this meeting will cover                reconsideration must be filed by January               open to the public and there will be an
                                                  a continuation of the ATPAC’s review of                 11, 2016.                                              opportunity for public comment.
                                                  present air traffic control procedures                  ADDRESSES: Send an original and 10                     DATES: The meeting will be held on
                                                  and practices for standardization,                      copies of all pleadings, referring to                  Thursday, January 7, 2016, from 3:00
                                                  revision, clarification, and upgrading of               Docket No. FD 35974 (Sub-No. 1) to:                    p.m. to 5:00 p.m., Eastern Standard
                                                  terminology and procedures. It will also                Surface Transportation Board, 395 E                    Time.
                                                  include:                                                Street SW., Washington, DC 20423–
                                                    1. Call for Safety Items                                                                                     ADDRESSES: The meeting will take place
                                                    2. Approval of minutes of the                         0001. In addition, a copy of each
                                                                                                                                                                 online, as a webinar.
                                                  previous meeting                                        pleading must be served on Jeremy M.
                                                                                                                                                                 FOR FURTHER INFORMATION CONTACT: John
                                                    3. Introduction of New Areas of                       Berman, Union Pacific Railroad
                                                                                                          Company, 1400 Douglas Street, STOP                     Drake, Deputy Assistant Secretary for
                                                  Concern or Miscellaneous items                                                                                 Transportation Policy at (202) 366–1999
                                                    4. Items of Interest                                  1580, Omaha, NE 68179.
                                                                                                                                                                 or nfac@dot.gov or visit the NFAC Web
                                                    5. Status updates to existing Areas of                FOR FURTHER INFORMATION CONTACT:                       site at www.dot.gov/nfac.
                                                  Concern                                                 Jessica Caine (202) 245–0392.
                                                    6. Discussion and agreement of                                                                               SUPPLEMENTARY INFORMATION:
                                                                                                          [Assistance for the hearing impaired is                   Background: The NFAC was
                                                  location and dates for subsequent                       available through the Federal
                                                  meetings.                                                                                                      established to provide advice and
                                                                                                          Information Relay Service (FIRS) at 1–                 recommendations to the Secretary on
                                                    Attendance is open to the interested                  800–877–8339.]
                                                  public but limited to space available.                                                                         matters related to freight transportation
                                                                                                          SUPPLEMENTARY INFORMATION:                             in the United States, including (1)
                                                  With the approval of the Chairperson,
                                                                                                          Additional information is contained in                 Implementation of the freight provisions
                                                  members of the public may present oral
                                                                                                          the Board’s decision. Board decisions                  of the Moving Ahead for Progress in the
                                                  statements at the meeting. Persons
                                                                                                          and notices are available on our Web                   21st Century Act (MAP–21; P.L. 112–
                                                  desiring to attend and persons desiring
                                                                                                          site at ‘‘WWW.STB.DOT.GOV.’’                           141); (2) establishment of the National
                                                  to present oral statements should notify
                                                  Ms. Heather Hemdal no later than                          Decided: December 15, 2015.                          Freight Network; (3) development of the
                                                  February 16, 2016. Any member of the                      By the Board, Chairman Elliott, Vice                 Plan; (4) development of strategies to
                                                  public may present a written statement                  Chairman Begeman, and Commissioner                     help States implement State Freight
                                                  to the ATPAC at any time at the address                 Miller.                                                Advisory Committees and State Freight
                                                  given above.                                            Kenyatta Clay,                                         Plans; (5) development of measures of
                                                                                                          Clearance Clerk.                                       conditions and performance in freight
                                                    Issued in Washington, DC, on December                                                                        transportation; (6) development of
                                                  16, 2015.                                               [FR Doc. 2015–32166 Filed 12–21–15; 8:45 am]
                                                                                                                                                                 freight transportation investment, data,
                                                  Heather Hemdal,                                         BILLING CODE 4915–01–P
                                                                                                                                                                 and planning tools; and (7) legislative
                                                  Executive Director, Air Traffic Procedures                                                                     recommendations. The NFAC operates
                                                  Advisory Committee.                                       1 In that docket, on November 3, 2015, Union
                                                                                                                                                                 as a discretionary committee under the
                                                                                                          Pacific Railroad Company (UP) filed a Verified
                                                  [FR Doc. 2015–32156 Filed 12–21–15; 8:45 am]                                                                   authority of the DOT, established in
                                                                                                          Notice of Exemption under the Board’s class
                                                  BILLING CODE 4910–13–P                                  exemption procedures at 49 CFR 1180.2(d)(7). The       accordance with the provisions of the
                                                                                                          notice addressed an agreement between UP and the       Federal Advisory Committee Act
                                                                                                          BNSF Railway Company (BNSF) that is intended to
                                                                                                          grant UP overhead temporary trackage rights until      (FACA), as amended, 5 U.S.C. App. 2.
                                                  DEPARTMENT OF TRANSPORTATION                                                                                   See DOT’s NFAC Web site for additional
                                                                                                          December 31, 2018, to operate between milepost
                                                  Surface Transportation Board
                                                                                                          579.3 near Mill Creek, Okla., on BNSF’s Creek          information about the committee’s
                                                                                                          Subdivision and milepost 631.0 near Joe Junction,      activities at www.transportation.gov/
                                                  [Docket No. FD 35974 (Sub-No. 1)]                       Tex., on BNSF’s Madill Subdivision, a distance of
                                                                                                          approximately 51.7 miles. UP stated that because       nfac.
                                                                                                          the temporary trackage rights are longer than a year      On October 18, 2015, the DOT issued
                                                  Union Pacific Railroad Company—                         in duration, the Board’s class exemption for           the draft National Freight Strategic Plan
                                                  Temporary Trackage Rights                               temporary trackage rights under 49 CFR
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                 for public comment, available at
                                                  Exemption—BNSF Railway Company                          1180.2(d)(8) does not apply. Instead, UP
                                                                                                                                                                 www.transportation.gov/freight. The
                                                                                                          concurrently filed a Petition for Partial Revocation
                                                  AGENCY:    Surface Transportation Board,                in this sub-docket. Notice of exemption was served     NFAC met on November 13, 2015 to
                                                  DOT.                                                    and published in the Federal Register on November      discuss and begin developing
                                                                                                          19, 2015 (80 FR 72,486). That notice indicated that    Committee comments on the Plan. This
                                                  ACTION:   Partial revocation of exemption.              the Board would address the Petition for Partial
                                                                                                          Revocation in a separate decision, which it is doing
                                                                                                                                                                 Committee will finalize their comments
                                                  SUMMARY:  Under 49 U.S.C. 10502, the                    here and in the Board’s decision served today in       during this webinar. Members of the
                                                  Board revokes the class exemption as it                 this sub-docket.                                       public who would like to submit


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Document Created: 2015-12-22 02:31:41
Document Modified: 2015-12-22 02:31:41
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 21, 2016. Petitions to stay must be filed by January 4, 2016. Petitions for reconsideration
ContactJessica Caine (202) 245-0392. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.]
FR Citation80 FR 79650 

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