Union Pacific Railroad Company-Temporary Trackage Rights Exemption-BNSF Railway Company, 11016 [06-1861]

Download as PDF 11016 Federal Register / Vol. 71, No. 42 / Friday, March 3, 2006 / Notices FOR FURTHER INFORMATION CONTACT: Joseph Dettmar, 1–202–565–1609. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] The Surface Transportation Board (Board) is instituting a proceeding in STB Ex Parte No. 657 (Sub-No. 1) to obtain public comments on proposed changes to its stand-alone cost (SAC) methodology, on whether to continue to permit movement-specific adjustments to its Uniform Railroad Costing System (URCS) in rail rate reasonableness cases, and on the proper standards for reopening and vacating a prior rate decision that is based upon a SAC analysis. First, the Board presents two alternatives to the percent reduction method to determine maximum reasonable rates. Second, the Board proposes a new cost-based method for allocating revenue from cross-over traffic. Third, the Board proposes a method for forecasting future operating expenses of a stand-alone railroad (SARR) that would reflect anticipated future productivity gains. Fourth, the Board proposes to no longer permit movement-specific adjustments to URCS when calculating the 180% revenue-to-variable cost (R/VC) jurisdictional floor for rail rate relief. Fifth, the Board proposes to shorten the time frame for SAC analyses and corresponding rate prescriptions from 20 years to 10 years. Finally, the Board proposes new standards for reopening and vacating a prior Board decision (including any resulting rate prescription) that is based on a SAC analysis. In a decision served on February 27, 2006, the Board has discussed each of these issues in detail and set forth proposed solutions to the identified problems. Each of these issues is being revisited to ensure that both the SAC test and the jurisdictional floor for rate relief are applied fairly and in conformity with the Board’s statutory charge. Because these issues go to the heart of the SAC test and have industrywide significance for rail carriers and their captive shippers, all interested parties are invited to comment on these proposed changes. Additional information is contained in the Board’s decision. To obtain a free copy of the full decision, visit the Board’s Web site at http:// www.stb.dot.gov. A service list will be available at the Board’s Web site by March 31, 2006. Comments, replies and rebuttals should be served on all wwhite on PROD1PC61 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 16:43 Mar 02, 2006 Jkt 208001 persons designated on the list as a party of record. This action should not have a significant economic impact upon a substantial number of small entities, within the meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). To the extent that small entities may be affected, the impact should be beneficial, because these proposals will resolve several contentious issues in SAC proceeding, and simplify the jurisdictional inquiry. The Board, however, invites comments on whether there would be effects on small entities that should be considered. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Decided: February 27, 2006. By the Board, Chairman Buttrey and Vice Chairman Mulvey. Vernon A. Williams, Secretary. [FR Doc. E6–3049 Filed 3–2–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34554 (Sub-No. 4)] Union Pacific Railroad Company— Temporary Trackage Rights Exemption—BNSF Railway Company BNSF Railway Company (BNSF), pursuant to a modified written trackage rights agreement entered into between BNSF and Union Pacific Railroad Company (UP), has agreed to extend the expiration date of the local trackage rights granted to UP 1 over BNSF’s line of railroad extending from BNSF milepost 579.3 near Mill Creek, OK, to BNSF milepost 631.1 near Joe Junction, TX, a distance of approximately 51 miles.2 The transaction was scheduled to be consummated on February 20, 2006. The purpose of this transaction is to modify the temporary trackage rights exempted in STB Finance Docket No. 34554 (Sub-No. 2) to further extend the expiration date to on or before December 31, 2006. The modified trackage rights will permit UP to continue to move loaded and empty ballast trains for use in its maintenanceof-way projects. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If it contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34554 (Sub-No. 4), must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Gabriel S. Meyer, 1400 Douglas Street, STOP 1580, Omaha, NE 68179. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: February 22, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06–1861 Filed 3–2–06; 8:45 am] BILLING CODE 4915–01–P 1 UP submits that the trackage rights being granted here 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 Railroad Consolidation Procedures—Exemption for Temporary Trackage Rights, STB Ex Parte No. 282 (Sub-No. 20) (STB served May 23, 2003). Therefore, UP and BNSF concurrently have filed a petition for partial revocation of this exemption in STB Finance Docket No. 34554 (Sub-No. 5), Union Pacific Railroad Company—Temporary Trackage Rights Exemption—BNSF Railway Company, wherein UP and BNSF request that the Board permit the proposed local trackage rights arrangement described in the present proceeding to expire on or about December 31, 2006. That petition will be addressed by the Board in a separate decision. 2 The original trackage rights granted in Union Pacific Railroad Company—Trackage Rights PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 Exemption—The Burlington Northern and Santa Fe Railway Company, STB Finance Docket No. 34554 (STB served Oct. 7, 2004), also extended from BNSF milepost 579.3 near Mill Creek, OK, to BNSF milepost 631.1 near Joe Junction, TX. By decisions served on November 24, 2004, in STB Finance Docket No. 34554 (Sub-No. 1) and on March 25, 2005, in STB Finance Docket No. 34554 (Sub-No. 3), the Board granted exemptions to permit the trackage rights authorized in STB Finance Docket No. 34554 and extended in STB Finance Docket No. 34554 (Sub-No. 2), served on Feb. 11, 2005, to expire. At the time of that extension, it was anticipated by the parties that the rights would expire on or about December 31, 2005. However, this authority has not yet been exercised. E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 71, Number 42 (Friday, March 3, 2006)]
[Notices]
[Page 11016]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1861]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34554 (Sub-No. 4)]


Union Pacific Railroad Company--Temporary Trackage Rights 
Exemption--BNSF Railway Company

    BNSF Railway Company (BNSF), pursuant to a modified written 
trackage rights agreement entered into between BNSF and Union Pacific 
Railroad Company (UP), has agreed to extend the expiration date of the 
local trackage rights granted to UP \1\ over BNSF's line of railroad 
extending from BNSF milepost 579.3 near Mill Creek, OK, to BNSF 
milepost 631.1 near Joe Junction, TX, a distance of approximately 51 
miles.\2\
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    \1\ UP submits that the trackage rights being granted here 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 
Railroad Consolidation Procedures--Exemption for Temporary Trackage 
Rights, STB Ex Parte No. 282 (Sub-No. 20) (STB served May 23, 2003). 
Therefore, UP and BNSF concurrently have filed a petition for 
partial revocation of this exemption in STB Finance Docket No. 34554 
(Sub-No. 5), Union Pacific Railroad Company--Temporary Trackage 
Rights Exemption--BNSF Railway Company, wherein UP and BNSF request 
that the Board permit the proposed local trackage rights arrangement 
described in the present proceeding to expire on or about December 
31, 2006. That petition will be addressed by the Board in a separate 
decision.
    \2\ The original trackage rights granted in Union Pacific 
Railroad Company--Trackage Rights Exemption--The Burlington Northern 
and Santa Fe Railway Company, STB Finance Docket No. 34554 (STB 
served Oct. 7, 2004), also extended from BNSF milepost 579.3 near 
Mill Creek, OK, to BNSF milepost 631.1 near Joe Junction, TX. By 
decisions served on November 24, 2004, in STB Finance Docket No. 
34554 (Sub-No. 1) and on March 25, 2005, in STB Finance Docket No. 
34554 (Sub-No. 3), the Board granted exemptions to permit the 
trackage rights authorized in STB Finance Docket No. 34554 and 
extended in STB Finance Docket No. 34554 (Sub-No. 2), served on Feb. 
11, 2005, to expire. At the time of that extension, it was 
anticipated by the parties that the rights would expire on or about 
December 31, 2005. However, this authority has not yet been 
exercised.
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    The transaction was scheduled to be consummated on February 20, 
2006.
    The purpose of this transaction is to modify the temporary trackage 
rights exempted in STB Finance Docket No. 34554 (Sub-No. 2) to further 
extend the expiration date to on or before December 31, 2006. The 
modified trackage rights will permit UP to continue to move loaded and 
empty ballast trains for use in its maintenance-of-way projects.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it contains 
false or misleading information, the exemption is void ab initio. 
Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed 
at any time. The filing of a petition to revoke will not automatically 
stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34554 (Sub-No. 4), must be filed with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In 
addition, one copy of each pleading must be served on Gabriel S. Meyer, 
1400 Douglas Street, STOP 1580, Omaha, NE 68179.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: February 22, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-1861 Filed 3-2-06; 8:45 am]
BILLING CODE 4915-01-P