Union Pacific Railroad Company-Temporary Trackage Rights Exemption-BNSF Railway Company, 853 [E9-84]

Download as PDF 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 ‘‘http:// 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

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[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]


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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\
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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, 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.
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    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 
``http://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