Union Pacific Railroad Company-Temporary Trackage Rights Exemption-BNSF Railway Company, 931-932 [E7-25529]

Download as PDF jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices A portion of the track is on a Federally issued right-of-way. According to the City, the land underlying the Federal right-of-way in the city limits was deeded to the City by the United States in 1901, subject to the right-of-way grant. The City states that it also owns the land adjacent to the Line and asserts that it has reversionary interests in the Line under state law. Any documentation in the City’s possession will be made available promptly to those requesting it. The City states that it filed its entire case for abandonment with its application. The interests of affected railroad employees, if there are any employees on the Line, will be protected by the conditions set forth in Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. 91 (1979). Any interested person may file written comments concerning the proposed abandonment or protests (including the protestant’s entire opposition case), by January 31, 2008. The City’s reply is due by February 15, 2008. Because this is an adverse abandonment proceeding, OFAs and public use requests are not appropriate and will not be entertained. The Board has not yet had occasion to decide whether the issuance of a certificate of interim trail use in an adverse abandonment would be consistent with the grant of such an application. Accordingly, any request for a trail use condition under 16 U.S.C. 1247(d) (49 CFR 1152.29) must be filed by January 31, 2008, and should address that issue. Each trail use request must be accompanied by a $200 filing fee. See 49 CFR 1002.2(f)(27). Persons opposing the proposed abandonment who wish to participate actively and fully in the process should file a protest. Persons who may oppose the abandonment but who do not wish to participate fully in the process by submitting verified statements of witnesses containing detailed evidence should file comments. Persons seeking information concerning the filing of protests should refer to 49 CFR 1152.25. All filings in response to this notice must refer to STB Docket No. AB–1014 and must be sent to: (1) Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001; (2) Ronald M. Johnson, Akin, Gump, Strauss, Hauer & Feld LLP, 1333 New Hampshire Ave., NW., Washington, DC 20036; and (3) Clyde Dooley, City Manager, City of Creede, P.O. Box 457, Creede, CO 81130. Filings may be submitted either via the Board’s e-filing format or in the traditional paper format. Any person using e-filing should comply with the instructions found on the Board’s VerDate Aug<31>2005 16:42 Jan 03, 2008 Jkt 214001 https://www.stb.dot.gov Web site, at the ‘‘E-FILING’’ link. Any person submitting a filing in the traditional paper format should send the original and 10 copies of the filing to the Board with a certificate of service. Except as otherwise set forth in 49 CFR part 1152, every document filed with the Board must be served on all parties to this adverse abandonment proceeding. 49 CFR 1104.12(a). An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by the Board’s Section of Environmental Analysis (SEA) will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Any other persons who would like to obtain a copy of the EA (or EIS) may contact SEA. EAs in these abandonment proceedings normally will be made available within 33 days of the filing of the application. The deadline for submission of comments on the EA will generally be within 30 days of its service. The comments received will be addressed in the Board’s decision. A supplemental EA or EIS may be issued where appropriate. Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Governmental and Public Affairs at (202) 245–0230 or refer to the full abandonment/discontinuance regulations at 49 CFR 1152. Questions concerning environmental issues may be directed to SEA at (202) 245–0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: December 28, 2007. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–25588 Filed 1–3–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34554 (Sub-No. 8)] 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 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 931 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 is scheduled to be consummated on January 20, 2008. The purpose of this transaction is to modify the temporary trackage rights exempted in STB Finance Docket No. 34554 (Sub-No. 6) to further extend the expiration date to on or before December 31, 2008. 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 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, 6 S.T.B. 910 (2003). Therefore, UP and BNSF concurrently have filed a petition for partial revocation of this exemption in STB Finance Docket No. 34554 (SubNo. 9), Union Pacific Railroad Company— Temporary Trackage Rights Exemption—BNSF Railway Company, wherein UP, with the support of BNSF, requests that the Board permit the proposed local trackage rights arrangement described in the present proceeding to expire on or about December 31, 2008. 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), on March 25, 2005, in STB Finance Docket No. 34554 (Sub-No. 3), on March 23, 2006, in STB Finance Docket No. 34554 (Sub-No. 5), and on March 13, 2007, in STB Finance Docket No. 34554 (Sub-No. 7), 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 February 11, 2005, in STB Finance Docket No. 34554 (Sub-No. 4), served on March 3, 2006, and in STB Finance Docket No. 34554 (Sub-No. 6), served on January 12, 2007, to expire. At the time of the last extension, it was anticipated by the parties that the rights would expire on or about December 31, 2007. However, this authority has not yet been exercised. E:\FR\FM\04JAN1.SGM 04JAN1 932 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices a petition to revoke will not automatically stay the effectiveness of the exemption. Stay petitions must be filed by January 11, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34554 (Sub-No. 8), must be filed with the Surface Transportation Board, 395 E Street, SW., 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 https:// www.stb.dot.gov. Decided: December 27, 2007. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–25529 Filed 1–3–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Fiscal Service Surety Companies Acceptable on Federal Bonds: ULLICO Casualty Company Financial Management Service, Fiscal Service, Department of the Treasury. ACTION: Notice. AGENCY: jlentini on PROD1PC65 with NOTICES SUMMARY: This is Supplement No. 5 to the Treasury Department Circular 570, VerDate Aug<31>2005 16:42 Jan 03, 2008 Jkt 214001 2007 Revision, published July 2, 2007, at 72 FR 36192. FOR FURTHER INFORMATION CONTACT: Surety Bond Branch at (202) 874–6850. SUPPLEMENTARY INFORMATION: A Certificate of Authority as an acceptable surety on Federal bonds is hereby issued under 31 U.S.C. 9305 to the following company: ULLICO Casualty Company (NAIC # 37893). Business Address: 1625 Eye St., NW., Washington DC 20006. Phone: (202) 682–4992. Underwriting Limitation b/: $5,819,000. Surety Licenses c/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, SC, SD, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY. Incorporated In: Delaware. Federal bond-approving officers should annotate their reference copies of the Treasury Circular 570 (‘‘Circular’’), 2007 Revision, to reflect this addition. Certificates of Authority expire on June 30th each year, unless revoked prior to that date. The Certificates are subject to subsequent annual renewal as long as the companies remain qualified (see 31 CFR part 223). A list of qualified companies is published annually as of July 1 in the Circular, which outlines details as to underwriting limitations, areas in which companies are licensed to transact surety business, and other information. The Circular may be viewed and downloaded through the Internet at https://www.fms.treas.gov/c570. Questions concerning this Notice may be directed to the U.S. Department of the Treasury, Financial Management Service, Financial Accounting and PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 Services Division, Surety Bond Branch, 3700 East-West Highway, Room 6F01, Hyattsville, MD 20782. Dated: December 21, 2007. Vivian L. Cooper, Director, Financial Accounting and Services Division. [FR Doc. 07–6278 Filed 1–3–08; 8:45 am] BILLING CODE 4810–35–M UNITED STATES INSTITUTE OF PEACE Notice of Meeting Date/Time: Thursday, January 10, 2008, 9:15 a.m.–3:30 p.m. Location: 1200 17th Street, NW., Suite 200, Washington, DC 20036–3011. Status: Open Session—Portions may be closed pursuant to subsection (c) of section 552(b) of title 5, United States Code, as provided in subsection 1706(h)(3) of the United States Institute of Peace Act, Public Law 98–525. Agenda: January 10, 2008 Board Meeting; Approval of Minutes of the One Hundred Twenty-Eighth Meeting (September 20, 2007) of the Board of Directors; Chairman’s Report; President’s Report; Budget Discussion; Selection of National Peace Essay contest topic; Other General Issues. Contact: Tessie F. Higgs, Executive Office, Telephone (202) 429–3836. Dated: December 27, 2007. Patricia P. Thomson, Executive Vice President, United States Institute of Peace. [FR Doc. 07–6291 Filed 1–3–08; 8:45 am] BILLING CODE 6820–AR–M E:\FR\FM\04JAN1.SGM 04JAN1

Agencies

[Federal Register Volume 73, Number 3 (Friday, January 4, 2008)]
[Notices]
[Pages 931-932]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25529]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34554 (Sub-No. 8)]


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\
---------------------------------------------------------------------------

    \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, 6 S.T.B. 910 (2003). Therefore, 
UP and BNSF concurrently have filed a petition for partial 
revocation of this exemption in STB Finance Docket No. 34554 (Sub-
No. 9), Union Pacific Railroad Company--Temporary Trackage Rights 
Exemption--BNSF Railway Company, wherein UP, with the support of 
BNSF, requests that the Board permit the proposed local trackage 
rights arrangement described in the present proceeding to expire on 
or about December 31, 2008. 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), on March 25, 2005, in STB Finance Docket No. 
34554 (Sub-No. 3), on March 23, 2006, in STB Finance Docket No. 
34554 (Sub-No. 5), and on March 13, 2007, in STB Finance Docket No. 
34554 (Sub-No. 7), 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 
February 11, 2005, in STB Finance Docket No. 34554 (Sub-No. 4), 
served on March 3, 2006, and in STB Finance Docket No. 34554 (Sub-
No. 6), served on January 12, 2007, to expire. At the time of the 
last extension, it was anticipated by the parties that the rights 
would expire on or about December 31, 2007. However, this authority 
has not yet been exercised.
---------------------------------------------------------------------------

    The transaction is scheduled to be consummated on January 20, 2008.
    The purpose of this transaction is to modify the temporary trackage 
rights exempted in STB Finance Docket No. 34554 (Sub-No. 6) to further 
extend the expiration date to on or before December 31, 2008. 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

[[Page 932]]

a petition to revoke will not automatically stay the effectiveness of 
the exemption. Stay petitions must be filed by January 11, 2007 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34554 (Sub-No. 8), must be filed with the Surface 
Transportation Board, 395 E Street, SW., 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: December 27, 2007.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.

Vernon A. Williams,
Secretary.
 [FR Doc. E7-25529 Filed 1-3-08; 8:45 am]
BILLING CODE 4915-01-P
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