Union Pacific Railroad Company-Temporary Trackage Rights Exemption-BNSF Railway Company, 21426 [2011-9057]

Download as PDF 21426 Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Notices By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–9167 Filed 4–14–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 34554 (Sub-No. 15)] Union Pacific Railroad Company— Temporary Trackage Rights Exemption—BNSF Railway Company AGENCY: Surface Transportation Board, DOT. Partial Revocation of Exemption. ACTION: Under 49 U.S.C. 10502, the Board revokes the class exemption as it pertains to the trackage rights described in Docket No. FD 34554 (Sub-No. 14) 1 to permit the trackage rights to expire on or about December 18, 2011, in accordance with the agreement of the parties,2 subject to the employee srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: 1 In that docket, on January 27, 2011, Union Pacific Railroad Company (UP) filed a verified notice of exemption under the Board’s class exemption procedures at 49 CFR 1180.2(d)(7). The notice covered the agreement by BNSF Railway Company (BNSF) to extend to December 18, 2011, the expiration date of the local trackage rights granted to UP over BNSF’s 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. UP submits that while the trackage rights are only temporary rights, because they are ‘‘local’’ rather than ‘‘overhead’’ rights, they do not qualify for the Board’s class exemption for temporary trackage rights under 49 CFR 1180.2(d)(8). See Union Pac. R.R.–Temporary Trackage Rights Exemption–BNSF Ry., FD 34554 (Sub-No. 14) (STB served February 11, 2011). 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 several notices of exemption 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 (SubNo. 13) (STB served March 15, 2010). At the time VerDate Mar<15>2010 16:58 Apr 14, 2011 Jkt 223001 protective conditions set forth in Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth and Ammon, in Bingham and Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). DATES: This decision is effective on May 15, 2011. Petitions to stay must be filed by April 25, 2011. Petitions for reconsideration must be filed by May 5, 2011. ADDRESSES: Send an original and 10 copies of all pleadings, referring to Docket No. FD 34554 (Sub-No. 15) to: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on UP’s representative: Elisa B. Davies, General Attorney, Union Pacific Railroad Company, 1400 Douglas Street, Mail Stop 1580, Omaha, NE 68179. FOR FURTHER INFORMATION CONTACT: Julia Farr, (202) 245–0359. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision. Board decisions and notices are available on our Web site at ‘‘www.stb.dot.gov.’’ Decided: April 7, 2011. By the Board, Chairman Elliott and Commissioner Mulvey. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–9057 Filed 4–14–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Community Development Financial Institutions Fund Proposed Collection; Comment Request Notice and request for comments. ACTION: The U.S. Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed SUMMARY: 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 so that the trackage rights could be extended to December 18, 2011, and in Docket No. FD 34554 (Sub-No. 15) their latest petition to partially revoke the class exemption to permit expiration, which we are addressing here. PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the Community Development Financial Institutions (CDFI) Fund, Department of the Treasury, is soliciting comments concerning the Capital Magnet Fund (CMF) Environmental Review Notification Report (ERNR). DATES: Written comments should be received on or before June 14, 2011 to be assured of consideration. ADDRESSES: Direct all comments to David Dworkin, Program Manager, Community Development Financial Institutions Fund, U.S. Department of the Treasury, 601 13th Street, NW., Suite 200 South, Washington, DC 20005, by e-mail to cdfihelp@cdfi.treas.gov or by facsimile to (202) 622–7754. This is not a toll free number. FOR FURTHER INFORMATION CONTACT: The CMF Environmental Review Notification Report may be obtained from the CMF page of the CDFI Fund’s Web site at http://www.cdfifund.gov. Requests for additional information should be directed to David Dworkin, Program Manager, Community Development Financial Institutions Fund, U.S. Department of the Treasury, 601 13th Street, NW., Suite 200 South, Washington, DC 20005, or call (202) 622–6355. This is not a toll free number. SUPPLEMENTARY INFORMATION: Title: Capital Magnet Fund Environmental Review Notification Report. Abstract: The purpose of the CMF is to competitively award grants to certified CDFIs and qualified nonprofit housing organizations to finance affordable housing and related community development projects. The CMF was authorized in July of 2008 under Section 1339 of the Housing and Economic Recovery Act of 2008 (Pub. L. 110–289), and $80 million was appropriated for this initiative under the Consolidated Appropriations Act of 2010 (Pub. L. 111–117). Successful CMF Applicants who receive awards must enter into assistance agreements with the CDFI Fund. The assistance agreement will set forth certain required terms and conditions of the award, including reporting and data collection requirements. The assistance agreement also requires the awardee to complete and submit the ERNR each time the awardee identifies a new CMF project for which (i) a categorical exclusion does not apply, or (ii) the awardee determines that the proposed project does involve actions that normally require an Environmental Impact Statement; as described in the CDFI E:\FR\FM\15APN1.SGM 15APN1

Agencies

[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Notices]
[Page 21426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9057]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 34554 (Sub-No. 15)]


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

AGENCY: Surface Transportation Board, DOT.

ACTION: Partial Revocation of Exemption.

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SUMMARY: Under 49 U.S.C. 10502, the Board revokes the class exemption 
as it pertains to the trackage rights described in Docket No. FD 34554 
(Sub-No. 14) \1\ to permit the trackage rights to expire on or about 
December 18, 2011, in accordance with the agreement of the parties,\2\ 
subject to the employee protective conditions set forth in Oregon Short 
Line Railroad--Abandonment Portion Goshen Branch Between Firth and 
Ammon, in Bingham and Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
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    \1\ In that docket, on January 27, 2011, Union Pacific Railroad 
Company (UP) filed a verified notice of exemption under the Board's 
class exemption procedures at 49 CFR 1180.2(d)(7). The notice 
covered the agreement by BNSF Railway Company (BNSF) to extend to 
December 18, 2011, the expiration date of the local trackage rights 
granted to UP over BNSF's 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. UP submits 
that while the trackage rights are only temporary rights, because 
they are ``local'' rather than ``overhead'' rights, they do not 
qualify for the Board's class exemption for temporary trackage 
rights under 49 CFR 1180.2(d)(8). See Union Pac. R.R.-Temporary 
Trackage Rights Exemption-BNSF Ry., FD 34554 (Sub-No. 14) (STB 
served February 11, 2011).
    \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 several notices of exemption 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 so that the trackage rights could be extended to December 
18, 2011, and in Docket No. FD 34554 (Sub-No. 15) their latest 
petition to partially revoke the class exemption to permit 
expiration, which we are addressing here.

DATES: This decision is effective on May 15, 2011. Petitions to stay 
must be filed by April 25, 2011. Petitions for reconsideration must be 
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filed by May 5, 2011.

ADDRESSES: Send an original and 10 copies of all pleadings, referring 
to Docket No. FD 34554 (Sub-No. 15) to: Surface Transportation Board, 
395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of 
each pleading must be served on UP's representative: Elisa B. Davies, 
General Attorney, Union Pacific Railroad Company, 1400 Douglas Street, 
Mail Stop 1580, Omaha, NE 68179.

FOR FURTHER INFORMATION CONTACT: Julia Farr, (202) 245-0359. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. Board decisions and notices are available on our Web 
site at ``www.stb.dot.gov.''

    Decided: April 7, 2011.

    By the Board, Chairman Elliott and Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-9057 Filed 4-14-11; 8:45 am]
BILLING CODE 4915-01-P