[Federal Register Volume 69, Number 77 (Wednesday, April 21, 2004)]
[Notices]
[Page 21596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9010]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34489]


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

    Pursuant to a trackage rights agreement dated December 15, 2001, 
between The Burlington Northern and Santa Fe Railway Company (BNSF) and 
Stillwater Central Railroad, Inc. (SCRR),\1\ BNSF has agreed to grant 
restricted overhead trackage rights to SCRR over a line of railroad 
located between BNSF milepost 426.9, at Cherokee Yard in Tulsa, OK, and 
BNSF milepost 437.0, at Sapulpa, OK, a distance of 10.1 miles.\2\
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    \1\ Although the trackage rights agreement was signed on 
December 15, 2001, the parties indicate that, due to an oversight, 
SCRR failed to file a notice of exemption with the Board at that 
time. SCRR states that it recently became aware of this oversight 
while negotiating an extension of the agreement.
    \2\ A redacted version of the trackage rights agreement between 
BNSF and SCRR was filed with the notice of exemption. The full 
version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), 
was concurrently filed under seal along with a motion for a 
protective order. A protective order was served on April 14, 2004.
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    The transaction was scheduled to be consummated on or after the 
April 8, 2004 effective date of the exemption.
    The purpose of the trackage rights is to allow SCRR to interchange 
unit trains of cement with its affiliate, the South Kansas & Oklahoma 
Railroad, at BNSF's Cherokee Yard.
    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. 34489, 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 Karl Morell, Ball Janik LLP, 
Suite 225, 1455 F Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: April 14, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-9010 Filed 4-20-04; 8:45 am]
BILLING CODE 4915-01-P