[Federal Register Volume 68, Number 2 (Friday, January 3, 2003)]
[Notices]
[Pages 396-397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34244]


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

    Portland & Western Railroad, Inc. (P&WR), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to lease 
and operate approximately 76.75 miles of rail line currently owned and 
operated by The Burlington Northern and Santa Fe Railway Company (BNSF) 
from milepost 64.70 located between Quinaby and Salem, OR, to the End 
of Track at milepost 141.45 near Eugene, OR.\1\ In comments filed 
December 23, 2002, the Oregon Department of Transportation generally 
supports the transaction.
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    \1\ Originally, as part of the transaction, P&WR stated that it 
intended to grant what it called ``incidental'' overhead trackage 
rights to BNSF over the rail line between Bush (milepost 68.6) and 
Albany (milepost 96.5), and to Central Oregon & Pacific Railroad, 
Inc. (CORP), between Albany (milepost 96.5) and Eugene (milepost 
141.5). Based upon a decision served on December 12, 2002 (December 
12 decision), which questioned whether the trackage rights were 
incidental to the transaction, BNSF, on December 20, 2002, filed a 
separate trackage rights notice of exemption, accompanied by a 
motion to dismiss, in STB Finance Docket No. 34304, The Burlington 
Northern and Santa Fe Railway Company--Trackage Rights Exemption--
The Portland & Western Railroad, Inc.;, and P&WR, on December 23, 
2002, withdrew its request to grant trackage rights to CORP. Also on 
December 23, 2002, John D. Fitzgerald, on behalf of the United 
Transportation Union-General Committee of Adjustment, filed a 
petition for stay of both exemptions, which was denied in Portland & 
Western Railroad, Inc;--Lease and Operation Exemption--The 
Burlington Northern and Santa Fe Railway Company, STB Finance Docket 
No. 34255, et al. (STB served Dec. 26, 2002.)
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    P&WR certifies that is projected annual revenues will not exceed 
those that would qualify it as a Class III rail

[[Page 397]]

carrier. Because P&WR's projected annual revenues will exceed $5 
million, P&WR has certified to the Board on October 28, 2002, that the 
required notice of the transaction was posted at the workplace of the 
employees on the affected line on October 25, 2002. See 49 CFR 
1150.42(e). The transaction is scheduled to be consummated on or after 
December 27, 2002 (60 days after the labor certification was filed).
    If the verified notice 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. 34255, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Eric M. Hocky, Esquire, 
Gollatz, Griffin & Ewing, P.C., 213 West Miner St., PO Box 796, West 
Chester, PA 19381-0796.
    Board decisions and notice are available on our Web site at 
``www.stb.dot.gov.''

    Decided: December 27, 2002.

    By the Board, Beryl Gordon, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-9 Filed 1-2-03; 8:45 am]
BILLING CODE 4915-00-P