[Federal Register Volume 66, Number 181 (Tuesday, September 18, 2001)]
[Notices]
[Page 48166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23240]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34088]


The Columbia and Cowlitz Railway Company--Trackage Rights 
Exemption--The Longview Switching Company

    The Longview Switching Company (LSC), has agreed to grant temporary 
overhead trackage rights to The Columbia and Cowlitz Railway Company 
(CLC) over LSC's line between Columbia Junction and Longview Junction, 
WA.
    The parties reported that they intended to consummate the 
transaction on August 31, 2001. The earliest the transaction could have 
been consummated was September 3, 2001, the effective date of the 
exemption (7 days after the notice of exemption was filed).\1\ The 
temporary trackage rights are to allow CLC to bridge its train service 
while CLC's main line is out of service due to structural maintenance 
and are scheduled to expire on March 1, 2002, pursuant to contractual 
terms.\2\
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    \1\ Counsel for CLC was contacted by telephone and has 
acknowledged that the transaction could not be consummated until 
September 3, 2001.
    \2\ Counsel for CLC has indicated that a petition for exemption 
under 49 U.S.C. 10502 requesting that the Board permit the proposed 
temporary overhead trackage rights arrangement described in the 
present proceeding to expire on March 1, 2002, will be filed in the 
very near future.
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    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    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. 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. 34088 must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423-0001. In addition, one copy of each pleading must 
be served on Stephen L. Day, Esq., Betts Patterson Mines, P.S., One 
Convention Place, 701 Pike Street, Suite 1400, Seattle, WA 98101.
    Board decisions and notices are available on our website at 
www.stb.dot.gov.

    Decided: September 10, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-23240 Filed 9-17-01; 8:45 am]
BILLING CODE 4915-00-P