Union Pacific Railroad Company-Temporary Trackage Rights Exemption; BNSF Railway Company, 53254-53255 [2012-21578]

Download as PDF EMCDONALD on DSK67QTVN1PROD with NOTICES 53254 Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices narrower site-specific proposals based on the decisions made in the Tier 1 EIS. Tier 1: The Tier 1 EIS and any subsequent environmental documents will be developed in accordance with Council on Environmental Quality (CEQ) regulations (40 CFR part 1500 et seq.) implementing NEPA and FRA’s Procedures for Considering Environmental Impacts (64 FR 28545; May 26, 1999). The Tier 1 assessment will result in an EIS with the appropriate level of detail for corridorlevel decisions and will address broad overall issues of concern, including but not limited to: • Confirming the purpose and need for the proposed action. • Confirming the study area appropriate to assess reasonable alternatives. • Identifying a comprehensive set of goals and objectives for the corridor in conjunction with Program stakeholders. These goals and objectives will be crafted to allow comprehensive evaluation of all aspects of the Corridor necessary to achieve the goals, including train operations, vehicles, and infrastructure. • Identifying the range of reasonable alternatives to be considered, consistent with the current and planned use of the corridor and the existing services within and adjacent to the study area, as well as considering a no-action (no-build) alternative. • Developing alternative evaluation criteria to identify alternatives that meet the purpose and need of the proposed action and those that do not. • Identifying the general alignment(s) of the reasonable build alternatives. • Identifying general right-of-way requirements for the reasonable build alternatives. • Identifying, at a corridor planning level, the infrastructure and equipment investment requirements for the reasonable build alternatives. • Including the consideration of the no-build alternative which will be studied as the baseline for comparison with the build alternatives. The nobuild alternative represents other transportation modes such as auto, air travel, intercity bus, and existing rail and the physical characteristics and capacities as they exist at the time of the Tier 1 EIS, with planned and funded improvements that will be in place at the time the Project becomes operational. • Evaluating and describing, at a corridor planning level, the potential environmental consequences (benefits and impacts to the built and natural environment) associated with the reasonable alternative alignments and VerDate Mar<15>2010 15:22 Aug 30, 2012 Jkt 226001 proposed changes in passenger rail train frequency, speed, and on-time performance. • Establishing the timing and sequencing of independent actions to maintain a state of good repair and to implement the proposed action. • Selecting a corridor route alignment for further study at Tier 2. • Addressing subsequent component actions for Tier 2 NEPA documentation as described below. Tier 2: The second tier assessment(s) will address component projects to be implemented within the general corridor identified in the Tier 1 EIS, and will incorporate by reference the data and evaluations included in the Tier 1 EIS. Subsequent evaluations will concentrate on the issues specific to the component of the selected alternative identified in the Tier 1 EIS, identify the site-specific alternatives that meet the purpose and need for each component project, and analyze the specific environmental consequences and measures necessary to mitigate environmental impacts at a site-specific level of detail. Scoping and Public Involvement: FRA encourages broad participation in the EIS process during scoping and subsequent review of the resulting environmental documents. FRA and Michigan DOT are inviting comments and suggestions regarding the scope of the Tier 1 EIS from all interested parties, to ensure that all issues are addressed related to this proposal and that any significant impacts are identified. Comments or questions concerning the proposed Program and/or the Tier 1 EIS should be directed to Mr. Mohammed Alghurabi, Michigan DOT at the above address. Letters that include this Notice and related study area will be sent to the appropriate Federal, State and local agencies, Native American tribes and to private organizations who might have previously expressed or who are known to have an interest in this proposal. Michigan DOT will lead the outreach activities, beginning with the four (4) scoping meetings and the online scoping meeting described above. Public involvement initiatives, including public meetings, newsletters, and outreach will be held throughout the course of this study. Opportunities for public participation will be announced through mailings, notices, advertisements, press releases and at www.GreatLakesRail.org. Corey Hill, Director, Rail Project Development and Delivery, Federal Railroad Administration. [FR Doc. 2012–21587 Filed 8–30–12; 8:45 am] BILLING CODE 4910–06–P PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 34554 (Sub-No. 16)] Union Pacific Railroad Company— Temporary Trackage Rights Exemption; BNSF Railway Company Pursuant to a modified written temporary trackage rights agreement dated August 10, 2012, BNSF Railway Company (BNSF) has agreed to extend the December 18, 2011 expiration date of the local trackage rights granted to Union Pacific Railroad Company (UP) 1 over BNSF’s line of railroad extending between BNSF mileposts 579.3 near Mill Creek, Okla., and 631.1 near Joe Junction, Tex., a distance of approximately 51 miles.2 The transaction is scheduled to be consummated on or after September 15, 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 Union Pacific Railroad Company—Temporary Trackage Rights Exemption—BNSF Railway Company, Docket No. FD 34554 (Sub-No. 17), wherein UP requests that the Board permit the proposed local trackage rights arrangement described in the present proceeding to expire on or about December 31, 2012, 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 Company—Temporary Trackage Rights Exemption—The Burlington Northern and Santa Fe Railway Company, 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 Feb. 11, 2005); FD 34554 (Sub-No. 4) (STB served Mar. 3, 2006); FD 34554 (Sub-No. 6) (STB served Jan. 12, 2007); FD 34554 (Sub-No. 8) (STB served Jan. 4, 2008); FD 34554 (Sub-No. 10) (STB served Jan. 8, 2009); FD 34554 (Sub-No. 12) (STB served Dec. 31, 2009); and FD 34554 (Sub-No. 14) (STB served Feb. 11, 2011). 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 Nov. 24, 2004); FD 34554 (Sub-No. 3) (STB served Mar. 25, 2005); FD 34554 (Sub-No. 5) (STB served Mar. 23, 2006); FD 34554 (Sub-No. 7) (STB served Mar. 13, 2007); FD 34554 (Sub-No. 9) (STB served Mar. 20, 2008); FD 34554 (Sub-No. 11) (STB served Mar. 11, 2009); FD 34554 (Sub-No. 13) (STB served Mar. 15, 2010); and FD 34554 (Sub-No. 15) (STB served Apr. 15, 2011). At the time of the extension authorized in Docket No. FD 34554 (SubNo. 14), the parties anticipated that the authority to allow the rights to expire would be exercised by December 18, 2011. However, the parties filed on August 16, 2012, in Docket No. FD 34554 (Sub-No. 16) their most recent notice of exemption to allow the trackage rights to be extended to on or about December 31, 2012, which we are addressing here. E:\FR\FM\31AUN1.SGM 31AUN1 Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices EMCDONALD on DSK67QTVN1PROD with NOTICES 2012, 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. 14) to further extend the expiration date to on or about December 31, 2012. 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 & Western Railway—Trackage Rights—Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway— Lease & 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 September 7, 2012 (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. 16), must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– VerDate Mar<15>2010 15:22 Aug 30, 2012 Jkt 226001 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 www.stb.dot.gov. Decided: August 27, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2012–21578 Filed 8–30–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service Art Advisory Panel; Notice of Closed Meeting Internal Revenue Service, Treasury. ACTION: Notice of Closed Meeting of Art Advisory Panel. AGENCY: Closed meeting of the Art Advisory Panel will be held in Washington, DC. DATES: The meeting will be held September 20, 2012. ADDRESSES: The closed meeting of the Art Advisory Panel will be held on SUMMARY: PO 00000 Frm 00088 Fmt 4703 Sfmt 9990 53255 September 20, 2012 at 999 North Capitol Street NE., Washington, DC 20002, at 9:00 a.m. FOR FURTHER INFORMATION CONTACT: Ruth M. Vriend, C:AP:P&V:ART, 999 N. Capitol Street NE., Washington, DC 20002. Telephone (202) 435–5739 (not a toll free number). Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App., that a closed meeting of the Art Advisory Panel will be held on September 20, 2012, at 999 N. Capitol Street NE., Washington, DC, at 9:00 a.m. The agenda will consist of the review and evaluation of the acceptability of fair market value appraisals of works of art involved in Federal income, estate, or gift tax returns. This will involve the discussion of material in individual tax returns made confidential by the provisions of 26 U.S.C. 6103. A determination as required by section 10(d) of the Federal Advisory Committee Act has been made that this meeting is concerned with matters listed in Section 552b(c)(3), (4), (6), and (7), and that the meeting will not be open to the public. SUPPLEMENTARY INFORMATION: Chris Wagner, Chief, Appeals. [FR Doc. 2012–21496 Filed 8–30–12; 8:45 am] BILLING CODE 4830–01–P E:\FR\FM\31AUN1.SGM 31AUN1

Agencies

[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Pages 53254-53255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21578]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 34554 (Sub-No. 16)]


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

    Pursuant to a modified written temporary trackage rights agreement 
dated August 10, 2012, BNSF Railway Company (BNSF) has agreed to extend 
the December 18, 2011 expiration date of the local trackage rights 
granted to Union Pacific Railroad Company (UP) \1\ over BNSF's line of 
railroad extending between BNSF mileposts 579.3 near Mill Creek, Okla., 
and 631.1 near Joe Junction, Tex., 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 
R.R. Consolidation Procedures, 6 S.T.B. 910 (2003). Therefore, UP 
concurrently has filed a petition for partial revocation of this 
exemption in Union Pacific Railroad Company--Temporary Trackage 
Rights Exemption--BNSF Railway Company, Docket No. FD 34554 (Sub-No. 
17), wherein UP requests that the Board permit the proposed local 
trackage rights arrangement described in the present proceeding to 
expire on or about December 31, 2012, 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 Company--Temporary Trackage Rights Exemption--The 
Burlington Northern and Santa Fe Railway Company, 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 Feb. 11, 2005); FD 34554 (Sub-No. 4) (STB served Mar. 
3, 2006); FD 34554 (Sub-No. 6) (STB served Jan. 12, 2007); FD 34554 
(Sub-No. 8) (STB served Jan. 4, 2008); FD 34554 (Sub-No. 10) (STB 
served Jan. 8, 2009); FD 34554 (Sub-No. 12) (STB served Dec. 31, 
2009); and FD 34554 (Sub-No. 14) (STB served Feb. 11, 2011). 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 Nov. 24, 2004); FD 34554 (Sub-No. 3) (STB served Mar. 
25, 2005); FD 34554 (Sub-No. 5) (STB served Mar. 23, 2006); FD 34554 
(Sub-No. 7) (STB served Mar. 13, 2007); FD 34554 (Sub-No. 9) (STB 
served Mar. 20, 2008); FD 34554 (Sub-No. 11) (STB served Mar. 11, 
2009); FD 34554 (Sub-No. 13) (STB served Mar. 15, 2010); and FD 
34554 (Sub-No. 15) (STB served Apr. 15, 2011). At the time of the 
extension authorized in Docket No. FD 34554 (Sub-No. 14), the 
parties anticipated that the authority to allow the rights to expire 
would be exercised by December 18, 2011. However, the parties filed 
on August 16, 2012, in Docket No. FD 34554 (Sub-No. 16) their most 
recent notice of exemption to allow the trackage rights to be 
extended to on or about December 31, 2012, which we are addressing 
here.
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    The transaction is scheduled to be consummated on or after 
September 15,

[[Page 53255]]

2012, 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. 14) to further extend 
the expiration date to on or about December 31, 2012. 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 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease & 
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 September 7, 2012 (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. 16), 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 
www.stb.dot.gov.


    Decided: August 27, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-21578 Filed 8-30-12; 8:45 am]
BILLING CODE 4915-01-P

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