Union Pacific Railroad Company-Temporary Trackage Rights Exemption-BNSF Railway Company, 67863-67864 [2012-27638]

Download as PDF emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 / Notices airport property and a compliance issue for the airport. In addition, the uncontrolled access raises liability concerns for the airport. The land release would bring the airport into compliance with grant assurances and assure compatible land use. It would also remove the liability issue related to the unauthorized use of the access road. A categorical exclusion for this land release action was prepared by Wisconsin Dept. of TransportationBureau of Aeronautics and issued on June 22, 2011. The aforementioned land is not needed for aeronautical use. The parcel is depicted on the Airport Layout Plan and Exhibit ‘‘A’’ property map dated July 12, 2011. There are no impacts to the airport by allowing the airport to dispose of this parcel. The subject parcel was originally acquired on September 10, 2002, as part of Airport Improvement Program grant No. 04 and is described in the warranty deed recorded in Volume 933 pages 480–481, Oconto County, Wisconsin. The value of the parcel is $600. In accordance with section 47107(h) of title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose. DATES: Comments must be received on or before December 14, 2012. ADDRESSES: Mr. Daniel J. Millenacker, Program Manager, Federal Aviation Administration, Airports District Office, 6020 28th Avenue South, Room 102, Minneapolis, MN 55450–2706. Telephone Number (612) 253–4635; FAX Number (612) 253–4611; email address Daniel.J.Millenacker@FAA.GOV. Documents reflecting this FAA action may be reviewed at the following locations: Federal Aviation Administration, Minneapolis Airports District Office, 6020 28th Avenue South, Room 102, Minneapolis, MN 55450– 2706; or Wisconsin Department of Transportation, 4802 Sheboygan Ave., Room 701, Madison, WI 53707. FOR FURTHER INFORMATION CONTACT: Mr. Daniel J. Millenacker, Program Manager, Federal Aviation Administration, Airports District Office, 6020 28th Avenue South, Room 102, Minneapolis, MN 55450–2706. Telephone Number (612) 253–4635; FAX Number (612)253– 4611; email address Daniel.J.Millenacker@FAA.GOV. Following is a legal description of the subject airport property to be released at the J. SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 14:41 Nov 13, 2012 Jkt 229001 Douglas Bake Memorial Airport in Oconto, Wisconsin: Part of Government Lot 3, Section 26, Township 28 North, Range 21 East, Town of Oconto, Oconto County, Wisconsin. Commencing at the North Quarter corner of Section 26; Thence South 87 degrees 35 minutes 26 seconds West, along the north line of section 26, a distance of 1333.25 feet; Thence South 00 degrees 22 minutes 17 seconds West along the west line of Government Lot 3, distance of 685.43 feet to the Point of Beginning. Thence continuing South 00 degrees 22 minutes 17 seconds West a distance of 504.34 feet; Thence South 89 degrees 36 minutes 17 seconds East a distance of 55.89 feet; Thence North 05 degrees 57 minutes 09 seconds West a distance of 507.45 feet to the Point of Beginning. Said parcel containing 0.32 Acres/14,094.3 Square Feet of land more or less. Said parcel subject to all easements, restrictions, and reservations of record. Issued in Minneapolis, MN, on October 15, 2012. Steven J. Obenauer, Manager, Minneapolis Airports District Office, FAA, Great Lakes Region. [FR Doc. 2012–27662 Filed 11–13–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 30186] Tongue River Railroad Company, Inc.—Rail Construction and Operation—in Custer, Powder River and Rosebud Counties, Montana: Update to the Notice of Intent to Prepare an Environmental Impact Statement (EIS) The Surface Transportation Board’s Office of Environmental Analysis (OEA) issued a Notice of Intent (NOI) to prepare an EIS, a Draft Scope of Study, and a notice of scoping meetings in the above-captioned proceeding on October 22, 2012 and published it in the Federal Register on the same day. OEA is issuing this Notice because additional meetings will be held in Lame Deer, Montana, on Friday, November 16, 2012. The additional meetings will be held at the following location on Friday, November 16, 2012 between 2–4 p.m. and 6–8 p.m.: Chief Little Wolf Capital Building, Northern Cheyenne Tribal Chambers, 600 South Main Cheyenne Avenue, Lame Deer, MT 59043. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 67863 Please include these additional meetings on your copies accordingly. The NOI is available on the Board’s Web site at www.stb.dot.gov. By the Board. Victoria Rutson, Director, Office of Environmental Analysis. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–27760 Filed 11–13–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 34554 (Sub-No. 17)] Union Pacific Railroad Company— Temporary Trackage Rights Exemption—BNSF Railway Company Surface Transportation Board. Partial revocation of exemption. AGENCY: 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. 16) 1 to permit the trackage rights to expire on or about December 31, 2012, in accordance with the agreement of the parties,2 subject to the employee SUMMARY: 1 In that docket, on August 16, 2012, 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 31, 2012, the expiration date of the local trackage rights granted to Union Pacific Railroad Company (UP) over BNSF’s line of railroad between BNSF mileposts 579.3 near Mill Creek, Okla., and 631.1 near Joe Junction, Tex., a distance of approximately 51 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. 16) (STB served Aug. 31, 2012). 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 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 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); E:\FR\FM\14NON1.SGM Continued 14NON1 67864 Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 / Notices protective conditions set forth in Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & emcdonald on DSK67QTVN1PROD with NOTICES 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. On August 16, 2012, in Docket No. FD 34554 (SubNo. 16), UP filed its most recent notice of exemption seeking Board authority for temporary trackage rights covering the parties’ latest agreement—September 15, 2012 to December 31, 2012. In Docket No. FD 34554 (Sub-No. 17), UP filed a petition to partially revoke the class exemption to permit expiration of those trackage rights, which we are addressing here. VerDate Mar<15>2010 14:41 Nov 13, 2012 Jkt 229001 Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). DATES: This decision is effective on December 14, 2012. Petitions to stay must be filed by November 26, 2012. Petitions for reconsideration must be filed by December 4, 2012. ADDRESSES: Send an original and 10 copies of all pleadings, referring to Docket No. FD 34554 (Sub-No. 17) 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, 1400 Douglas Street, Mail Stop 1580, Omaha, NE 68179. FOR FURTHER INFORMATION CONTACT: Marc Lerner (202) 245–0390. PO 00000 Frm 00075 Fmt 4703 Sfmt 9990 [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 https://www.stb.dot.gov. By the Board, Chairman Elliott, Vice Chairman Mulvey, and Commissioner Begeman. Decided: November 8, 2012. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2012–27638 Filed 11–13–12; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\14NON1.SGM 14NON1

Agencies

[Federal Register Volume 77, Number 220 (Wednesday, November 14, 2012)]
[Notices]
[Pages 67863-67864]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27638]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 34554 (Sub-No. 17)]


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

AGENCY: Surface Transportation Board.

ACTION: Partial revocation of exemption.

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SUMMARY: Under 49 U.S.C. Sec.  10502, the Board revokes the class 
exemption as it pertains to the trackage rights described in Docket No. 
FD 34554 (Sub-No. 16) \1\ to permit the trackage rights to expire on or 
about December 31, 2012, in accordance with the agreement of the 
parties,\2\ subject to the employee

[[Page 67864]]

protective conditions set forth in Oregon Short Line Railroad--
Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & 
Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
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    \1\ In that docket, on August 16, 2012, 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 31, 2012, the expiration date of the local trackage rights 
granted to Union Pacific Railroad Company (UP) over BNSF's line of 
railroad between BNSF mileposts 579.3 near Mill Creek, Okla., and 
631.1 near Joe Junction, Tex., a distance of approximately 51 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. 16) 
(STB served Aug. 31, 2012).
    \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 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 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. On August 16, 2012, in 
Docket No. FD 34554 (Sub-No. 16), UP filed its most recent notice of 
exemption seeking Board authority for temporary trackage rights 
covering the parties' latest agreement--September 15, 2012 to 
December 31, 2012. In Docket No. FD 34554 (Sub-No. 17), UP filed a 
petition to partially revoke the class exemption to permit 
expiration of those trackage rights, which we are addressing here.

DATES: This decision is effective on December 14, 2012. Petitions to 
stay must be filed by November 26, 2012. Petitions for reconsideration 
---------------------------------------------------------------------------
must be filed by December 4, 2012.

ADDRESSES: Send an original and 10 copies of all pleadings, referring 
to Docket No. FD 34554 (Sub-No. 17) 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, 
1400 Douglas Street, Mail Stop 1580, Omaha, NE 68179.

FOR FURTHER INFORMATION CONTACT: Marc Lerner (202) 245-0390. 
[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 https://www.stb.dot.gov.

    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Begeman.

    Decided: November 8, 2012.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-27638 Filed 11-13-12; 8:45 am]
BILLING CODE 4915-01-P

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