[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Notices]
[Page 6301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3384]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. 41987]


Western Fuels Service Corporation v. the Burlington Northern and 
Santa Fe Railway Company

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

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SUMMARY: Under 49 U.S.C. 10502, the Board is granting the request of 
both the complainant and the defendant that this proceeding be exempted 
from the statutory requirement that it be completed within 180 days. 
The Board is extending the time limit to 270 days pursuant to the 
request of the parties.

DATES: The exemption is effective on February 11, 1997.

ADDRESSES: An original and 10 copies of all pleadings referring to the 
exemption granted in STB Docket No. 41987 must be filed with the 
Surface Transportation Board, Office of the Secretary, Case Control 
Branch, 1201 Constitution Ave., N.W., Washington DC 20423. In addition, 
a copy of all pleadings must be served on the parties' representatives: 
(1) For Western Fuels Service Corporation, Peter Glaser, Doherty, 
Rumble & Butler, Suite 1100, 1401 New York Avenue, NW, Washington, DC 
20005; and (2) for The Burlington Northern and Santa Fe Railway 
Company, Samuel M. Sipe, Jr., Steptoe & Johnson, 1330 Connecticut 
Avenue, NW, Washington, DC 20036, and Richard E. Weicher, The 
Burlington Northern and Santa Fe Railway Company, Suite 3800, 777 Main 
Street, Fort Worth, TX 76102-5384.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 927-5660. 
[TDD for the hearing impaired (202) 927-5721.]

SUPPLEMENTARY INFORMATION: This proceeding involves a request for 
access to certain terminal facilities and trackage by Western Fuels 
Service Corporation (complainant) pursuant to 49 U.S.C. 11102. Under 
section 11102(d), the Board must complete the proceeding within 180 
days after the filing of the request for relief. As complainant filed 
its complaint on December 9, 1996, the deadline for completion of the 
proceeding is June 7, 1997. Complainant has filed a request for a 90-
day extension of the deadline until September 5, 1997, and The 
Burlington Northern and Santa Fe Railway Company (defendant) has joined 
in the request. Acting under 49 U.S.C. 10502, the Board has granted an 
exemption from the statutory deadline. The Board will establish a 
procedural schedule to govern the processing of the proceeding, if 
necessary, when it rules on a pending motion by defendant to dismiss 
the proceeding.
    Additional information is contained in the Board's decision. To 
purchase a copy of the full decision, write to, call, or pick up in 
person from: DC NEWS & DATA, INC., Room 2229, 1201 Constitution Avenue, 
N.W., Washington, DC 20423. Telephone: (202) 289-4357/4359. [Assistance 
for the hearing impaired is available through TDD services (202) 927-
5721.]

    Decided: February 3, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 97-3384 Filed 2-10-97; 8:45 am]
BILLING CODE 4915-00-P