Union Pacific Railroad Company-Temporary Trackage Rights Exemption-BNSF Railway Company, 7903 [2011-3012]

Download as PDF Federal Register / Vol. 76, No. 29 / Friday, February 11, 2011 / Notices exemption, the unbelted sled test in S13 is an acceptable option for that requirement. The exemption is for the LiFe model and shall remain in effect until two years after the date on which notice of this decision is published in the Federal Register, as indicated in the DATES section of this document. However, this grant of exemption is conditioned on Wheego’s providing to NHTSA, at least 30 days before delivering a vehicle to a distributor or dealer for sale, all certification test data, including any objective data, simulation data, engineering analyses, and any other data that forms the basis for Wheego’s certification of the LiFe’s compliance with FMVSS Nos. 135, 138, 208, 214, and 216. (49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and 501.8) Issued on: February 8, 2011. David L. Strickland, Administrator. [FR Doc. 2011–3130 Filed 2–10–11; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 34554 (Sub-No. 14)] Union Pacific Railroad Company— Temporary Trackage Rights Exemption—BNSF Railway Company jlentini on DSKJ8SOYB1PROD with NOTICES Pursuant to a modified written trackage rights agreement dated January 18, 2011, BNSF Railway Company (BNSF) has agreed to extend the December 18, 2010 expiration date of the local trackage rights granted to the Union Pacific Railroad Company (UP) 1 over a BNSF line of railroad extending from BNSF milepost 579.3 near Mill Creek, Okla., to BNSF milepost 631.1 near Joe Junction, Tex., a distance of approximately 52 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 R.R. Consolidation Procedures, 6 S.T.B. 910 (2003). Therefore, UP concurrently has filed a petition for partial revocation of this exemption in Docket No. FD 34554 (Sub-No. 15), Union Pacific Railroad—Temporary Trackage Rights Exemption— BNSF Railway, wherein UP requests that the Board permit the proposed local trackage rights arrangement described in the present proceeding to expire on or about December 18, 2011, as provided in the parties’ agreement. That petition will be addressed by the Board in a separate decision. 2 The trackage rights were originally granted in Union Pacific Railroad—Temporary Trackage Rights Exemption—The Burlington Northern and Santa Fe Railway, FD 34554 (STB served Oct. 7, 2004). Subsequently, the parties filed notices of VerDate Mar<15>2010 18:55 Feb 10, 2011 Jkt 223001 The transaction is scheduled to be consummated on or after February 26, 2011, the effective date of the exemption (30 days after the exemption is filed). The purpose of this transaction is to modify the temporary trackage rights exempted in Docket No. FD 34554 (SubNo. 12) to further extend the expiration date to on or about December 18, 2011. 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 Railway—Trackage Rights—Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway— Lease and Operate—California Western Railroad, 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 February 18, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 34554 (Sub-No. 14), 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 Elisa B. Davies, General Attorney, Union Pacific exemption several times based on their agreements to extend expiration dates of the same trackage rights. See FD 34554 (Sub-No. 2) (STB served February 11, 2005); FD 34554 (Sub-No. 4) (STB served March 3, 2006); FD 34554 (Sub-No. 6) (STB served January 12, 2007); FD 34554 (Sub-No. 8) (STB served January 4, 2008); FD 34554 (Sub-No. 10) (STB served January 8, 2009); and FD 34554 (Sub-No. 12) (STB served December 31, 2009). Because the original and subsequent trackage rights notices were filed under the class exemption at 49 CFR 1180.2(d)(7), under which trackage rights normally remain effective indefinitely, in each instance the Board granted partial revocation of the class exemption to permit the authorized trackage rights to expire. See FD 34554 (Sub-No. 1) (STB served November 24, 2004); FD 34554 (Sub-No. 3) (STB served March 25, 2005); FD 34554 (Sub-No. 5) (STB served March 23, 2006); FD 34554 (Sub-No. 7) (STB served March 13, 2007); FD 34554 (Sub-No. 9) (STB served March 20, 2008); FD 34554 (Sub-No. 11) (STB served March 11, 2009); and FD 34554 (Sub-No. 13) (STB served March 15, 2010). At the time of the extension authorized in Docket No. FD 34554 (Sub-No. 12), the parties anticipated that the authority to allow the rights to expire would be exercised by December 18, 2010. However, the parties filed on January 27, 2011 in Docket No. FD 34554 (Sub-No. 14) their most recent notice of exemption to allow the trackage rights to be extended to on or about December 18, 2011, which we are addressing here. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 7903 Railroad Company, 1400 Douglas Street, Mail Stop 1580, Omaha, NE 68179. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: February 7, 2011. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011–3012 Filed 2–10–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35462] Union Pacific Railroad Company— Trackage Rights Exemption— California Northern Railroad Co. Pursuant to a written trackage rights agreement dated July 1, 2010, California Northern Railroad Co. (CFNR) has agreed to grant overhead trackage rights to Union Pacific Railroad Company (UP) over approximately 1.8 miles of rail line between milepost 83.0 (Tracy, Cal.) and milepost 84.8 (Lyoth, Cal.), on CFNR’s Los Banos Subdivision. The transaction may be consummated on or after February 24, 2011, the effective date of the exemption (30 days after the exemption was filed). The purpose of the transaction is to enable UP to move trains between its Oakland, Cal., Subdivision and its Tracy Industrial Lead. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk and Western Railway—Trackage Rights— Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway, Inc.—Lease & Operate— California Western Railroad, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If the notice 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 February 17, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35462, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In addition, a copy of each pleading must E:\FR\FM\11FEN1.SGM 11FEN1

Agencies

[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Page 7903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3012]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 34554 (Sub-No. 14)]


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

    Pursuant to a modified written trackage rights agreement dated 
January 18, 2011, BNSF Railway Company (BNSF) has agreed to extend the 
December 18, 2010 expiration date of the local trackage rights granted 
to the Union Pacific Railroad Company (UP) \1\ over a BNSF line of 
railroad extending from BNSF milepost 579.3 near Mill Creek, Okla., to 
BNSF milepost 631.1 near Joe Junction, Tex., a distance of 
approximately 52 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 
R.R. Consolidation Procedures, 6 S.T.B. 910 (2003). Therefore, UP 
concurrently has filed a petition for partial revocation of this 
exemption in Docket No. FD 34554 (Sub-No. 15), Union Pacific 
Railroad--Temporary Trackage Rights Exemption--BNSF Railway, wherein 
UP requests that the Board permit the proposed local trackage rights 
arrangement described in the present proceeding to expire on or 
about December 18, 2011, as provided in the parties' agreement. That 
petition will be addressed by the Board in a separate decision.
    \2\ The trackage rights were originally granted in Union Pacific 
Railroad--Temporary Trackage Rights Exemption--The Burlington 
Northern and Santa Fe Railway, FD 34554 (STB served Oct. 7, 2004). 
Subsequently, the parties filed notices of exemption several times 
based on their agreements to extend expiration dates of the same 
trackage rights. See FD 34554 (Sub-No. 2) (STB served February 11, 
2005); FD 34554 (Sub-No. 4) (STB served March 3, 2006); FD 34554 
(Sub-No. 6) (STB served January 12, 2007); FD 34554 (Sub-No. 8) (STB 
served January 4, 2008); FD 34554 (Sub-No. 10) (STB served January 
8, 2009); and FD 34554 (Sub-No. 12) (STB served December 31, 2009). 
Because the original and subsequent trackage rights notices were 
filed under the class exemption at 49 CFR 1180.2(d)(7), under which 
trackage rights normally remain effective indefinitely, in each 
instance the Board granted partial revocation of the class exemption 
to permit the authorized trackage rights to expire. See FD 34554 
(Sub-No. 1) (STB served November 24, 2004); FD 34554 (Sub-No. 3) 
(STB served March 25, 2005); FD 34554 (Sub-No. 5) (STB served March 
23, 2006); FD 34554 (Sub-No. 7) (STB served March 13, 2007); FD 
34554 (Sub-No. 9) (STB served March 20, 2008); FD 34554 (Sub-No. 11) 
(STB served March 11, 2009); and FD 34554 (Sub-No. 13) (STB served 
March 15, 2010). At the time of the extension authorized in Docket 
No. FD 34554 (Sub-No. 12), the parties anticipated that the 
authority to allow the rights to expire would be exercised by 
December 18, 2010. However, the parties filed on January 27, 2011 in 
Docket No. FD 34554 (Sub-No. 14) their most recent notice of 
exemption to allow the trackage rights to be extended to on or about 
December 18, 2011, which we are addressing here.
---------------------------------------------------------------------------

    The transaction is scheduled to be consummated on or after February 
26, 2011, the effective date of the exemption (30 days after the 
exemption is filed).
    The purpose of this transaction is to modify the temporary trackage 
rights exempted in Docket No. FD 34554 (Sub-No. 12) to further extend 
the expiration date to on or about December 18, 2011. 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 Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease and 
Operate--California Western Railroad, 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 February 18, 2011 (at least 7 days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 34554 (Sub-No. 14), 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 Elisa B. Davies, General 
Attorney, Union Pacific Railroad Company, 1400 Douglas Street, Mail 
Stop 1580, Omaha, NE 68179.
    Board decisions and notices are available on our Web site at https://www.stb.dot.gov.

    Decided: February 7, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-3012 Filed 2-10-11; 8:45 am]
BILLING CODE 4915-01-P

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