[Federal Register Volume 69, Number 95 (Monday, May 17, 2004)]
[Notices]
[Pages 27970-27971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10972]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Ex Parte No. 282 (Sub-No. 20)]


Railroad Consolidation Procedures--Exemption for Temporary 
Trackage Rights

AGENCY: Surface Transportation Board, DoT.

ACTION: Notice; amendment of final decision.

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SUMMARY: By decision served on May 23, 2003, the Board amended its 
rules at 49 CFR part 1180 to adopt a new class exemption for trackage 
rights proposals that are limited to overhead operations and which 
expire on a date certain, not to exceed 1 year from the effective date 
of the exemption. The final rule was published in the Federal Register 
on May 23, 2003, 68 FR 28139-40. In the final decision, the Board 
stated that approval of temporary trackage rights agreements under 49 
U.S.C. 11323 must include the employee protective conditions set forth 
in Norfolk and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 
(1978), as modified by Mendocino Coast Ry., Inc.--Lease and Operate, 
360 I.C.C. 653 (1980), aff'd sub nom. Railway Labor Executives' Ass'n 
v. United States, 675 F.2d 1248 (D.C. Cir. 1982) (Norfolk and Western 
conditions). In accordance with a recent decision of the United States 
Court of Appeals for the District of Columbia in United Transportation 
Union--General Committee of Adjustment (GO-386) v. Surface 
Transportation Board, 363 F.3d 465 (D.C. Cir. 2004), the Board now 
amends its final decision to require not only the imposition of the 
Norfolk and Western conditions on the acquisition of temporary trackage 
rights under the new rule, but also the imposition of the

[[Page 27971]]

employee protective conditions set forth in Oregon Short Line R.R. 
Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979), for the discontinuance 
component of temporary trackage rights authority. The decision will be 
included in the bound volumes of the STB printed reports at a later 
date.

DATES: Petitions to reopen must be filed by June 7, 2004.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. To purchase a copy of the full decision, write to, 
call, or pick up in person from: ASAP Document Solutions, 9332 
Annapolis Road, Suite 103, Lanham, MD 20706. Telephone: (301) 577-2600. 
[FIRS for the hearing impaired: 1-800-877-8339.]
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 10, 2004.

    By the Board, Chairman Nober.
Vernon A. Williams,
Secretary.
[FR Doc. 04-10972 Filed 5-14-04; 8:45 am]
BILLING CODE 4915-01-P