BNSF Railway Company-Trackage Rights Exemption-Union Pacific Railroad Company, 65477 [2024-17770]

Download as PDF Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Notices submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR–CboeEDGX–2024–035 and should be submitted on or before August 30, 2024. Rebuttal comments should be submitted by September 13, 2024. VI. Conclusion It is therefore ordered, pursuant to Section 19(b)(3)(C) of the Act,180 that File No. SR–CboeEDGX–2024–035, be and hereby is, temporarily suspended. In addition, the Commission is instituting proceedings to determine whether the proposed rule change should be approved or disapproved. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.181 Sherry R. Haywood Assistant Secretary. [FR Doc. 2024–17698 Filed 8–8–24; 8:45 am] BILLING CODE 8011–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36377 (Sub-No. 8)] ddrumheller on DSK120RN23PROD with NOTICES1 BNSF Railway Company—Trackage Rights Exemption—Union Pacific Railroad Company BNSF Railway Company (BNSF), a Class I rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(7) for its acquisition of restricted, local, trackage rights over two rail lines owned by Union Pacific Railroad Company (UP) between: (1) UP 180 15 181 17 U.S.C. 78s(b)(3)(C). CFR 200.30–3(a)(57). VerDate Sep<11>2014 19:21 Aug 08, 2024 Jkt 262001 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 (collectively, the Lines). Pursuant to a written temporary trackage rights agreement, UP has agreed to grant restricted trackage rights to BNSF over the Lines. The purpose of this transaction is to permit BNSF to move empty and loaded ballast trains to and from the ballast pit at Elsey, which is adjacent to the Lines. The agreement provides that the trackage rights are temporary and scheduled to expire on December 31, 2024.1 The transaction may be consummated on or after August 25, 2024, the effective date of the exemption (30 days after the verified notice was filed). As a condition to this exemption, any employees affected by the acquisition of 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). If the verified 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. Petitions for stay must be filed no later than August 16, 2024 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36377 (Sub-No. 8), must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on BNSF’s representative, Peter W. Denton, Steptoe & Johnson LLP, 1330 Connecticut Avenue NW, Washington, DC 20036. According to BNSF, this action is categorically excluded from environmental review under 49 CFR 1 BNSF states that, because the trackage rights are for local rather than overhead traffic, it has not filed under the Board’s class exemption for temporary overhead trackage rights under 49 CFR 1180.2(d)(8). Instead, BNSF has filed under the trackage rights class exemption at § 1180.2(d)(7). BNSF concurrently filed a petition for partial revocation of this exemption, in Docket No. FD 36377 (SubNo. 9), to permit these proposed trackage rights to expire at midnight on December 31, 2024, as provided in the agreement. The petition for partial revocation will be addressed in a subsequent decision. PO 00000 Frm 00166 Fmt 4703 Sfmt 4703 65477 1105.6(c)(3) and from historic preservation reporting requirements under 49 CFR 1105.8(b)(3). Board decisions and notices are available at www.stb.gov. Decided: August 6, 2024. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Regena Smith-Bernard, Clearance Clerk. [FR Doc. 2024–17770 Filed 8–8–24; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No.: FAA–2024–1586] Draft Advisory Circular for the Type Certification of Powered-Lift Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of availability, request for comments; extension of comment period. AGENCY: On June 12, 2024, the FAA published in the Federal Register a notice of availability for draft Advisory Circular (AC) 21.17–04, ‘‘Type Certification of Powered-lift’’. The comment period for this document expires on August 12, 2024. By letter dated August 1, 2024, the General Aviation Manufacturers Association (GAMA) requested that the FAA extend the public-comment period deadline to September 12, 2024. GAMA stated in their request that providing more time to comment would allow member organizations to conduct a more thorough review and contribute constructively to the proposed criteria facilitating the development of robust, harmonized standards that maximize safety for powered-lift operations. DATES: The comment period for the document published June 12, 2024, at 89 FR 50042, is extended. Comments should be received on or before September 12, 2024. ADDRESSES: Send comments identified with ‘‘Type Certification—Powered-lift’’ and docket number FAA–2024–1586 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. SUMMARY: E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Notices]
[Page 65477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17770]


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

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36377 (Sub-No. 8)]


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

    BNSF Railway Company (BNSF), a Class I rail carrier, has filed a 
verified notice of exemption under 49 CFR 1180.2(d)(7) for its 
acquisition of restricted, local, trackage rights over two rail lines 
owned by Union Pacific Railroad Company (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 
(collectively, the Lines).
    Pursuant to a written temporary trackage rights agreement, UP has 
agreed to grant restricted trackage rights to BNSF over the Lines. The 
purpose of this transaction is to permit BNSF to move empty and loaded 
ballast trains to and from the ballast pit at Elsey, which is adjacent 
to the Lines. The agreement provides that the trackage rights are 
temporary and scheduled to expire on December 31, 2024.\1\
---------------------------------------------------------------------------

    \1\ BNSF states that, because the trackage rights are for local 
rather than overhead traffic, it has not filed under the Board's 
class exemption for temporary overhead trackage rights under 49 CFR 
1180.2(d)(8). Instead, BNSF has filed under the trackage rights 
class exemption at Sec.  1180.2(d)(7). BNSF concurrently filed a 
petition for partial revocation of this exemption, in Docket No. FD 
36377 (Sub-No. 9), to permit these proposed trackage rights to 
expire at midnight on December 31, 2024, as provided in the 
agreement. The petition for partial revocation will be addressed in 
a subsequent decision.
---------------------------------------------------------------------------

    The transaction may be consummated on or after August 25, 2024, the 
effective date of the exemption (30 days after the verified notice was 
filed).
    As a condition to this exemption, any employees affected by the 
acquisition of 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).
    If the verified 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. Petitions for stay must be filed no later than August 16, 
2024 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36377 (Sub-No. 8), must 
be filed with the Surface Transportation Board either via e-filing on 
the Board's website or in writing addressed to 395 E Street SW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on BNSF's representative, Peter W. Denton, Steptoe & Johnson 
LLP, 1330 Connecticut Avenue NW, Washington, DC 20036.
    According to BNSF, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c)(3) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b)(3).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 6, 2024.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2024-17770 Filed 8-8-24; 8:45 am]
BILLING CODE 4915-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.