[Federal Register Volume 66, Number 222 (Friday, November 16, 2001)]
[Notices]
[Page 57773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28656]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34069]


Central Montana Rail, Inc.--Trackage Rights Exemption--The 
Burlington Northern and Santa Fe Railway Company

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
agreed to grant temporary overhead trackage rights to Central Montana 
Rail, Inc. (CMR) over BNSF's lines between milepost 134.4 and milepost 
134.57, in the vicinity of Mocassin, MT, a distance of 0.17 miles.
    The parties reported that they intended to consummate the 
transaction as soon as practicable under this exemption. The earliest 
the transaction could have been consummated was November 5, 2001, the 
effective date of the exemption (7 days after the notice of exemption 
was filed).\1\ The temporary trackage rights are to allow CMR to serve 
the United Harvest grain elevator located at milepost 134.4 until such 
time that CMR can construct its own track.
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    \1\ On October 29, 2001, CMR concurrently filed a petition for 
exemption in STB Finance Docket No. 34069 (Sub-No. 1), Central 
Montana Rail, Inc.--Trackage Rights Exemption--The Burlington 
Northern and Santa Fe Railway Company, wherein CMR requests that the 
Board permit the proposed temporary overhead trackage rights 
arrangement described in the present proceeding to expire on January 
1, 2003. That petition will be addressed by the Board in a separate 
decision.
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    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in 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).
    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. 34069 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 Tammy Wyatt-Shaw, Esq., Phillips & Bohyer, P.C., P.O. Box 
8569, Missoula, MT 59807.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov. 

    Decided: November 7, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-28656 Filed 11-15-01; 8:45 am]
BILLING CODE 4915-00-P