[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]
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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