BNSF Railway Company-Trackage Rights Exemption-Union Pacific Railroad Company, 14287-14288 [2020-04974]

Download as PDF Federal Register / Vol. 85, No. 48 / Wednesday, March 11, 2020 / Notices lotter on DSKBCFDHB2PROD with NOTICES —Development of amendments to the Recommendations on the establishment of National Facilitation Committees (FAL.5/Circ.2) —Development of guidelines on creating a tool to measure domestic implementation of the FAL Convention —Unsafe mixed migration by sea —Consideration and analysis of reports and information on persons rescued at sea and stowaways —Guidance to address maritime corruption —Regulatory scoping exercise for the use of Maritime Autonomous Surface Ships (MASS) —Technical cooperation activities related to facilitation of maritime traffic relations with other organizations —Application of the Committee’s procedures on organization and method of work —Work program —Any other business Members of the public may attend this meeting up to the seating capacity of 30 for the room. Members of the public may also participate via teleconference, up to the capacity of the teleconference phone line, which will handle 500 participants. To access the teleconference line, participants should call (202) 475–4000 and use Participant Code: 839 604 42#. To facilitate the building security process, and to request reasonable accommodation, those who plan to attend should contact the meeting coordinator, Mr. James Bull, by email at James.T.Bull@uscg.mil, by phone at (202) 372–1144, or in writing at 2703 Martin Luther King Jr. Ave. SE, Stop 7509, Washington DC 20593–7509 not later than Monday, March 30, 2020, seven days prior to the meeting. Requests made after Monday, March 30, 2020, might not be able to be accommodated. The ABS Consulting office is accessible by taxi, public transportation, and privately owned conveyance. Additional information regarding this and other IMO public meetings may be found at: https://www.dco.uscg.mil/ IMO. Jeremy M. Greenwood, Coast Guard Liaison Officer, Office of Ocean and Polar Affairs, Department of State. [FR Doc. 2020–04989 Filed 3–10–20; 8:45 am] BILLING CODE 4710–09–P VerDate Sep<11>2014 16:37 Mar 10, 2020 Jkt 250001 SURFACE TRANSPORTATION BOARD [Docket No. FD 36377 (Sub-No. 1)] BNSF Railway Company—Trackage Rights Exemption—Union Pacific Railroad Company By petition filed on December 27, 2019, BNSF Railway Company (BNSF) requests that the Board partially revoke the trackage rights exemption granted to it under 49 CFR 1180.2(d)(7) in Docket No. FD 36377, as necessary to permit that trackage rights arrangement to expire at midnight on December 31, 2020. As explained by BNSF in its verified notice of exemption in Docket No. FD 36377, BNSF and Union Pacific Railroad Company (UP) entered into an agreement granting BNSF local trackage rights over two rail lines owned by UP between: (1) UP milepost 93.2 at Stockton, Cal., on UP’s Oakland Subdivision, and UP milepost 219.4 at Elsey, Cal., on UP’s Canyon Subdivision, a distance of 126.2 miles; and (2) UP milepost 219.4 at Elsey and UP milepost 280.7 at Keddie, Cal., on UP’s Canyon Subdivision, a distance of 61.3 miles. BNSF Verified Notice of Exemption 2, BNSF Ry.—Trackage Rights Exemption—Union Pac. R.R., FD 36377. BNSF further stated that the trackage rights arrangement is intended to permit BNSF to move empty and loaded ballast trains to and from the ballast pit located at Elsey. (Id.) BNSF filed its verified notice of exemption under the Board’s class exemption procedures at 49 CFR 1180.2(d)(7), explaining that, because the trackage rights covered by the notice in Docket No. FD 36377 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 BNSF Verified Notice of Exemption 1 n.1, BNSF Ry.— Trackage Rights Exemption—Union Pac. R.R., FD 36377. In this sub-docket, BNSF has now filed a petition for partial revocation of the exemption as necessary to permit the trackage rights to expire at midnight on December 31, 2020, pursuant to the parties’ agreement. (See BNSF Pet. 1–2); see also BNSF Verified Notice of Exemption Ex. B at 2, BNSF Ry.— Trackage Rights Exemption—Union Pac. R.R., FD 36377. BNSF argues that granting this petition will promote the rail transportation policy. BNSF also argues that the revocation would be consistent with the limited scope of the transaction and would not have an adverse effect on shippers. (BNSF Pet. 3.) PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 14287 Discussion and Conclusions Although BNSF and UP have expressly agreed on the duration of the proposed trackage rights agreement, trackage rights approved under the class exemption at § 1180.2(d)(7) typically remain effective indefinitely, regardless of any contract provisions. Occasionally, however, the Board has partially revoked a trackage rights exemption to allow those rights to expire after a limited time period rather than lasting in perpetuity. See, e.g., New Orleans Pub. Belt R.R.—Trackage Rights Exemption—Ill. Cent. R.R., FD 36198 (Sub-No. 1) (STB served June 20, 2018); BNSF Ry.—Temp. Trackage Rights Exemption—Union Pac. R.R., FD 35963 (Sub-No. 1) (STB served Dec. 17, 2015) (granting a petition to partially revoke a trackage rights exemption involving the same lines at issue in this case). Granting partial revocation in these circumstances to permit the trackage rights to expire at the end of 2020 would eliminate the need for BNSF to file a second pleading seeking discontinuance when the agreement expires, thereby promoting the rail transportation goals at 49 U.S.C. 10101(2), (7) and (15). Moreover, partially revoking the exemption to limit the term of the trackage rights would have no adverse impact on shippers because the trackage rights at issue are solely to allow BNSF to move empty and loaded ballast trains to and from the ballast pit in Elsey for use in BNSF’s maintenance-of-way projects. (See BNSF Pet. 2.) Therefore, the Board will grant the petition and permit the trackage rights exempted in Docket No. FD 36377 to expire at midnight on December 31, 2020. To provide the statutorily mandated protection to any employee adversely affected by the discontinuance of trackage rights, the Board will impose the employee 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). This action is categorically excluded from environmental review under 49 CFR 1105.6(c). It is ordered: 1. The petition for partial revocation of the trackage rights class exemption is granted. 2. As discussed above, the trackage rights in Docket No. FD 36377 are permitted to expire at midnight on December 31, 2020, subject to the employee protective conditions set forth in Oregon Short Line. 3. Notice of this decision will be published in the Federal Register. E:\FR\FM\11MRN1.SGM 11MRN1 14288 Federal Register / Vol. 85, No. 48 / Wednesday, March 11, 2020 / Notices 4. This decision is effective on April 10, 2020. Petitions for stay must be filed by March 23, 2020. Petitions for reconsideration must be filed by March 31, 2020. Decided: March 5, 2020. By the Board, Board Members Begeman, Fuchs, and Oberman. Brendetta Jones, Clearance Clerk. [FR Doc. 2020–04974 Filed 3–10–20; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. EP 670 (Sub-No. 1)] Notice of Rail Energy Transportation Advisory Committee Meeting Surface Transportation Board. Notice of Rail Energy Transportation Advisory Committee meeting. AGENCY: ACTION: Notice is hereby given of a meeting of the Rail Energy Transportation Advisory Committee (RETAC), pursuant to the Federal Advisory Committee Act. DATES: The meeting will be held on Tuesday, April 21, 2020, at 9 a.m. E.D.T. ADDRESSES: The meeting will be held at the Surface Transportation Board headquarters at 395 E St. SW, Washington, DC. FOR FURTHER INFORMATION CONTACT: Kristen Nunnally at (202) 245–0312 or Kristen.Nunnally@stb.gov. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: RETAC was formed in 2007 to provide advice and guidance to the Board, and to serve as a forum for discussion of emerging issues related to the transportation of energy resources by rail, including coal, ethanol, and other biofuels. Establishment of a Rail Energy Transp. Advisory Comm., EP 670 (STB served July 17, 2007). The purpose of this meeting is to facilitate discussions regarding issues including rail service, infrastructure planning and development, and effective coordination among suppliers, rail carriers, and users of energy resources. Potential agenda items for this meeting include a rail performance measures review, industry segment updates by RETAC members, and a roundtable discussion. The meeting, which is open to the public, will be conducted in accordance with the Federal Advisory Committee Act, 5 U.S.C. app. 2; Federal Advisory Committee Management regulations, 41 lotter on DSKBCFDHB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:37 Mar 10, 2020 Jkt 250001 CFR part 102–3; RETAC’s charter; and Board procedures. Further communications about this meeting may be announced through the Board’s website at www.stb.gov. Written Comments: Members of the public may submit written comments to RETAC at any time. Comments should be addressed to RETAC, c/o Kristen Nunnally, Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001 or Kristen.Nunnally@ stb.gov. Authority: 49 U.S.C. 1321, 49 U.S.C. 11101; 49 U.S.C. 11121. Decided: March 5, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2020–04937 Filed 3–10–20; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration I. Public Participation [Docket No. FMCSA–2019–0131] Commercial Driver’s License Standards: Application for Exemption; Teupen North America, Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. AGENCY: FMCSA announces its decision to grant an exemption from the commercial driver’s license (CDL) regulations to Teupen North America, Inc. (Teupen) for one driver, Mr. Martin Borutta, Lead Engineer for Teupen. Mr. Borutta holds a valid German commercial license and wants to test drive Teupen’s new aerial lift design vehicle on U.S. roads to better understand product requirements for safe application in the U.S. market, and verify results. FMCSA believes that the requirements for a German commercial license ensure that operations under the exemption would likely achieve a level of safety equivalent to or greater than the level that would be obtained in the absence of the exemption. DATES: This exemption is effective March 11, 2020 and expires March 11, 2025. ADDRESSES: Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12–140 on the ground level of the West Building, 1200 SUMMARY: PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202 366–4325. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, ‘‘FMCSA–2019–0131’’ in the ‘‘Keyword’’ box and click ‘‘Search’’. Next, click the ‘‘Open Docket Folder’’ button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews the safety analyses and the public comments, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Pages 14287-14288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04974]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36377 (Sub-No. 1)]


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

    By petition filed on December 27, 2019, BNSF Railway Company (BNSF) 
requests that the Board partially revoke the trackage rights exemption 
granted to it under 49 CFR 1180.2(d)(7) in Docket No. FD 36377, as 
necessary to permit that trackage rights arrangement to expire at 
midnight on December 31, 2020.
    As explained by BNSF in its verified notice of exemption in Docket 
No. FD 36377, BNSF and Union Pacific Railroad Company (UP) entered into 
an agreement granting BNSF local trackage rights over two rail lines 
owned by UP between: (1) UP milepost 93.2 at Stockton, Cal., on UP's 
Oakland Subdivision, and UP milepost 219.4 at Elsey, Cal., on UP's 
Canyon Subdivision, a distance of 126.2 miles; and (2) UP milepost 
219.4 at Elsey and UP milepost 280.7 at Keddie, Cal., on UP's Canyon 
Subdivision, a distance of 61.3 miles. BNSF Verified Notice of 
Exemption 2, BNSF Ry.--Trackage Rights Exemption--Union Pac. R.R., FD 
36377. BNSF further stated that the trackage rights arrangement is 
intended to permit BNSF to move empty and loaded ballast trains to and 
from the ballast pit located at Elsey. (Id.) BNSF filed its verified 
notice of exemption under the Board's class exemption procedures at 49 
CFR 1180.2(d)(7), explaining that, because the trackage rights covered 
by the notice in Docket No. FD 36377 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 BNSF Verified 
Notice of Exemption 1 n.1, BNSF Ry.--Trackage Rights Exemption--Union 
Pac. R.R., FD 36377.
    In this sub-docket, BNSF has now filed a petition for partial 
revocation of the exemption as necessary to permit the trackage rights 
to expire at midnight on December 31, 2020, pursuant to the parties' 
agreement. (See BNSF Pet. 1-2); see also BNSF Verified Notice of 
Exemption Ex. B at 2, BNSF Ry.--Trackage Rights Exemption--Union Pac. 
R.R., FD 36377. BNSF argues that granting this petition will promote 
the rail transportation policy. BNSF also argues that the revocation 
would be consistent with the limited scope of the transaction and would 
not have an adverse effect on shippers. (BNSF Pet. 3.)

Discussion and Conclusions

    Although BNSF and UP have expressly agreed on the duration of the 
proposed trackage rights agreement, trackage rights approved under the 
class exemption at Sec.  1180.2(d)(7) typically remain effective 
indefinitely, regardless of any contract provisions. Occasionally, 
however, the Board has partially revoked a trackage rights exemption to 
allow those rights to expire after a limited time period rather than 
lasting in perpetuity. See, e.g., New Orleans Pub. Belt R.R.--Trackage 
Rights Exemption--Ill. Cent. R.R., FD 36198 (Sub-No. 1) (STB served 
June 20, 2018); BNSF Ry.--Temp. Trackage Rights Exemption--Union Pac. 
R.R., FD 35963 (Sub-No. 1) (STB served Dec. 17, 2015) (granting a 
petition to partially revoke a trackage rights exemption involving the 
same lines at issue in this case).
    Granting partial revocation in these circumstances to permit the 
trackage rights to expire at the end of 2020 would eliminate the need 
for BNSF to file a second pleading seeking discontinuance when the 
agreement expires, thereby promoting the rail transportation goals at 
49 U.S.C. 10101(2), (7) and (15). Moreover, partially revoking the 
exemption to limit the term of the trackage rights would have no 
adverse impact on shippers because the trackage rights at issue are 
solely to allow BNSF to move empty and loaded ballast trains to and 
from the ballast pit in Elsey for use in BNSF's maintenance-of-way 
projects. (See BNSF Pet. 2.) Therefore, the Board will grant the 
petition and permit the trackage rights exempted in Docket No. FD 36377 
to expire at midnight on December 31, 2020.
    To provide the statutorily mandated protection to any employee 
adversely affected by the discontinuance of trackage rights, the Board 
will impose the employee 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).
    This action is categorically excluded from environmental review 
under 49 CFR 1105.6(c).
    It is ordered:
    1. The petition for partial revocation of the trackage rights class 
exemption is granted.
    2. As discussed above, the trackage rights in Docket No. FD 36377 
are permitted to expire at midnight on December 31, 2020, subject to 
the employee protective conditions set forth in Oregon Short Line.
    3. Notice of this decision will be published in the Federal 
Register.

[[Page 14288]]

    4. This decision is effective on April 10, 2020. Petitions for stay 
must be filed by March 23, 2020. Petitions for reconsideration must be 
filed by March 31, 2020.

    Decided: March 5, 2020.

    By the Board, Board Members Begeman, Fuchs, and Oberman.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2020-04974 Filed 3-10-20; 8:45 am]
 BILLING CODE 4915-01-P