Union Pacific Railroad Company-Temporary Trackage Rights Exemption-BNSF Railway Company, 853 [E9-84]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices
10. Environmental Justice
DEPARTMENT OF TRANSPORTATION
The EIS will:
a. Evaluate the potential project
impacts on local and regional minority
and low-income populations.
b. Propose mitigative measures to
minimize or eliminate potential project
impacts on environmental justice
populations, as appropriate.
Surface Transportation Board
11. Geology and Soils
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 is scheduled to be
consummated on January 22, 2009.
The purpose of this transaction is to
modify the temporary trackage rights
exempted in STB Finance Docket No.
34554 (Sub-No. 8) to further extend the
expiration date to on or before
December 31, 2009. The modified
trackage rights will permit UP to
continue to move loaded and empty
The EIS will:
a. Describe the geologic and soil
conditions within the project area,
including the status of past and present
coal mining operations.
b. Evaluate potential measures to
avoid or construct through active
surface mined areas.
c. Propose mitigative measures to
minimize or eliminate potential project
impacts to geology and soils, as
appropriate.
12. Cultural/Historic Resources
The EIS will:
a. Document all historic resource
eligibility and effect studies conducted
pursuant to Section 106 of the National
Historic Preservation Act.
b. Document all project coordination
with the state historic preservation
officer.
c. Propose mitigative measures to
minimize or eliminate potential project
impacts to cultural/historic resources, as
appropriate.
13. Cumulative and Indirect Impacts
erowe on PROD1PC63 with NOTICES
The EIS will:
a. Address any identified potential
cumulative impacts of the project, as
appropriate. Cumulative impacts are the
impacts on the environment which
result from the incremental impact of
the action when added to other past,
present, and reasonably foreseeable
future actions regardless of what agency
(Federal or non-federal) or person
undertakes such actions (for example,
Resource Recovery, LLC’s proposed new
quarry, landfill and industrial park).
b. Address any identified potential
indirect impacts of the project, as
appropriate. Indirect impacts are
impacts that are caused by the action
and are later in time or farther removed
in distance, but are still reasonably
foreseeable.
Decided: January 2, 2009.
By the Board, Victoria Rutson, Chief,
Section of Environmental Analysis.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9–106 Filed 1–7–09; 8:45 am]
BILLING CODE 4915–01–P
VerDate Nov<24>2008
13:57 Jan 07, 2009
Jkt 217001
[STB Finance Docket No. 34554 (Sub-No.
10)]
Union Pacific Railroad Company—
Temporary Trackage Rights
Exemption—BNSF Railway Company
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. 11), Union Pacific Railroad CompanyTemporary 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, 2009. 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), on March 13, 2007, in STB Finance
Docket No. 34554 (Sub-No. 7), and on March 20,
2008, in STB Finance Docket No. 34554 (Sub-No.
9), 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, in STB Finance Docket No.
34554 (Sub-No. 6), served on January 12, 2007, and
in STB Finance Docket No. 34554 (Sub-No. 8),
served on January 4, 2008, 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, 2008. However, this authority has not
yet been exercised.
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
853
ballast trains for use in its maintenanceof-way projects.
As a condition to this exemption, any
employee 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 effectiveness of
the exemption. Stay petitions must be
filed by January 15, 2009 (at least 7 days
before the exemption becomes
effective).
Pursuant to the Consolidated
Appropriations Act, 2008, Public Law
No. 110–161, § 193, 121 Stat. 1844
(2007), nothing in this decision
authorizes the following activities at any
solid waste rail transfer facility:
collecting, storing or transferring solid
waste outside of its original shipping
container; or separating or processing
solid waste (including baling, crushing,
compacting and shredding). The term
‘‘solid waste’’ is defined in section 1004
of the Solid Waste Disposal Act, 42
U.S.C. 6903.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 34554 (Sub-No. 10), must be
filed with the Surface Transportation
Board, 395 E Street, SW., Washington,
DC 20423–0001. In addition, a copy of
each pleading must be served on Gabriel
S. Meyer, Union Pacific Railroad
Company, 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: January 2, 2009.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–84 Filed 1–7–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
December 31, 2008.
The Department of Treasury will
submit the following public information
collection requirement(s) to OMB for
review and clearance under the
E:\FR\FM\08JAN1.SGM
08JAN1
]]>Agencies
[Federal Register Volume 74, Number 5 (Thursday, January 8, 2009)]
[Notices]
[Page 853]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-84]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34554 (Sub-No. 10)]
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. 11), 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, 2009. 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), on March 13, 2007, in STB Finance Docket No.
34554 (Sub-No. 7), and on March 20, 2008, in STB Finance Docket No.
34554 (Sub-No. 9), 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, in STB Finance Docket No. 34554 (Sub-No.
6), served on January 12, 2007, and in STB Finance Docket No. 34554
(Sub-No. 8), served on January 4, 2008, 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, 2008. However, this
authority has not yet been exercised.
---------------------------------------------------------------------------
The transaction is scheduled to be consummated on January 22, 2009.
The purpose of this transaction is to modify the temporary trackage
rights exempted in STB Finance Docket No. 34554 (Sub-No. 8) to further
extend the expiration date to on or before December 31, 2009. 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 employee 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 effectiveness of the exemption. Stay petitions must be filed
by January 15, 2009 (at least 7 days before the exemption becomes
effective).
Pursuant to the Consolidated Appropriations Act, 2008, Public Law
No. 110-161, Sec. 193, 121 Stat. 1844 (2007), nothing in this decision
authorizes the following activities at any solid waste rail transfer
facility: collecting, storing or transferring solid waste outside of
its original shipping container; or separating or processing solid
waste (including baling, crushing, compacting and shredding). The term
``solid waste'' is defined in section 1004 of the Solid Waste Disposal
Act, 42 U.S.C. 6903.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 34554 (Sub-No. 10), must be filed with the Surface
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In
addition, a copy of each pleading must be served on Gabriel S. Meyer,
Union Pacific Railroad Company, 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: January 2, 2009.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-84 Filed 1-7-09; 8:45 am]
BILLING CODE 4915-01-P
