[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Notices]
[Page 53434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25454]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32765]


Portland & Western Railroad, Inc.--Trackage Rights Exemption--
Burlington Northern Railroad Company

    Burlington Northern Railroad Company (BN) has agreed to grant local 
trackage rights to Portland & Western Railroad, Inc. (PNWR), over five 
segments of rail line totaling approximately 52.94 miles entirely in 
Oregon, as follows: 1.96 miles between milepost 16.87 near Bowers 
Junction and milepost 18.83 near Bendemeer; 10.77 miles between 
milepost 17.07 at Bowers Junction and milepost 27.84 near Banks; 5.60 
miles between milepost 4.68 near Hillsboro and milepost 10.28 near 
Forest Grove; 1.19 miles between milepost 25.52 near St. Marys Junction 
and milepost 26.71 near St. Marys; and 33.42 miles between milepost 
31.28 near Greton and milepost 64.70 near Hopmere.1 BN will also 
assign 4.2 miles of connecting, incidental, overhead trackage rights to 
PNWR over those lines of the Port of Tillamook Bay Railroad that 
connect to the BN lines, between milepost 770.5 near Schefflin and 
milepost 774.7 near Banks. The trackage rights became effective on 
September 29, 1995.2

    \1\ PNWR states that the trackage rights are a temporary measure 
pending action on its petition for exemption to lease and operate 
that it filed under 49 U.S.C. 10505. See Portland & Western 
Railroad, Inc.--Lease and Operation Exemption--Lines of Burlington 
Northern Railroad Company, Finance Docket No. 32766.
    \2\ A petition to stay the effective date filed by John D. 
Fitzgerald, for and on behalf of the United Transportation Union, 
General Committee of Adjustment (UTU), was denied in a decision 
served September 29, 1995. UTU's petition to reject or revoke the 
class exemption as well as its separately filed appeal to the stay 
denial and its appeal of the permission granted PNWR to file a 
redacted copy of the trackage rights agreement will be resolved in a 
future decision.
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    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. 10505(d) may be filed 
at any time. The filing of a petition to revoke will not stay the 
transaction. Pleadings must be filed with the Commission and served on: 
Eric M. Hocky, Gollatz, Griffin & Ewing, P.C., PO Box 796, 213 West 
Miner St., West Chester, PA 19381-0796.
    As a condition to the use of this exemption, any employees 
adversely affected by the trackage rights will be protected under 
Norfolk and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 
(1978), as modified in Mendocino Coast Ry., Inc.--Lease and Operate, 
360 I.C.C. 653 (1980).

    Decided: October 6, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-25454 Filed 10-12-95; 8:45 am]
BILLING CODE 7035-01-P