[Federal Register Volume 62, Number 140 (Tuesday, July 22, 1997)]
[Notices]
[Pages 39301-39302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19231]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33424]


Portland & Western Railroad, Inc.--Acquisition and Operation 
Exemption--The Burlington Northern and Santa Fe Railway Company

    Portland & Western Railroad, Inc. (PNWR), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to 
acquire and operate The Burlington Northern and Santa Fe Railway 
Company's (BNSF) line, known as the Astoria Branch, between milepost 
5.22 near Willbridge and milepost 96.88 near Tongue Point, in Clatsop, 
Columbia, and Washington Counties, OR, a distance of approximately 
91.66 miles. BNSF is also granting incidental trackage rights to PNWR 
over the line between milepost 5.22 near Willbridge and milepost 3.30 
near Willbridge Yard, a distance of approximately 1.92 miles.\1\
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    \1\ On July 10, 1997, John D. Fitzgerald, on behalf of the 
United Transportation Union--General Committee of Adjustment (UTU-
GCA), filed a petition to reject, to revoke, and to stay the notice 
of exemption. The notice of exemption is in compliance with our 
regulations at 49 CFR 1150.41 et seq. and will not be rejected. The 
notice of exemption was filed on July 3, 1997, and became effective 
on July 10, 1997, the same day UTU-GCA's petition was filed. See 49 
CFR 1150.42(b). Therefore, as the stay request was filed after the 
exemption had taken effect, it will not be considered. The Board 
will consider the petition to revoke in a subsequent decision.

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[[Page 39302]]

    In its verified notice, PNWR stated that it expected to begin 
operations pursuant to the exemption on or about July 12, 1997. PNWR 
has subsequently reported that the sale was consummated on July 11, 
1997.
    If the notice contains false or misleading information, the 
exemption is void ab initio. Petitions to reopen the proceeding 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 
transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33424, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, D.C. 20423-0001. In addition, a copy of each pleading must 
be served on Eric M. Hocky, 213 West Miner Street, P.O. Box 796, West 
Chester, PA 19381-0796.

    Decided: July 15, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-19231 Filed 7-21-97; 8:45 am]
BILLING CODE 4915-00-P-M