[Federal Register Volume 69, Number 226 (Wednesday, November 24, 2004)]
[Notices]
[Page 68440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25932]



[[Page 68440]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34554 (Sub-No. 1)]


Union Pacific Railroad Company--Temporary Trackage Rights 
Exemption--The Burlington Northern and Santa Fe Railway Company

AGENCY: Surface Transportation Board.

ACTION: Partial revocation of exemption.

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SUMMARY: The Board, under 49 U.S.C. 10502, revokes the class exemption 
as it pertains to the trackage rights described in STB Finance Docket 
No. 34554 to permit the trackage rights to expire on or about December 
31, 2004, in accordance with the agreement of the parties,\1\ subject 
to the employee protective conditions set forth in Oregon Short Line R. 
Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979).
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    \1\ On September 17, 2004, the Union Pacific Railroad Company 
(UP) concurrently filed a verified notice of exemption under the 
Board's class exemption procedures at 49 CFR 1180.2(d)(7). The 
notice covered the agreement by The Burlington Northern and Santa Fe 
Railway Company (BNSF) to grant temporary local trackage rights to 
UP over a BNSF line of railroad between BNSF milepost 579.3 near 
Mill Creek, OK, and BNSF milepost 631.1 near Joe Junction, TX, a 
distance of approximately 51 miles. UP submits that the trackage 
rights are only temporary rights, but, because they are ``local'' 
rather than ``overhead'' rights, they do not qualify for the Board's 
class exemption for temporary trackage rights at 49 CFR 
1180.2(d)(8). See Union Pacific Railroad Company--Temporary Trackage 
Rights Exemption--The Burlington Northern and Santa Fe Railway 
Company, STB Finance Docket No. 34554 (STB served Oct. 7, 2004). The 
trackage rights operations under the exemption were scheduled to 
begin on September 24, 2004.

DATES: This exemption will be effective on December 24, 2004. Petitions 
to stay must be filed by December 6, 2004. Petitions to reopen must be 
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filed by December 14, 2004.

ADDRESSES: An original and 10 copies of all pleadings referring to STB 
Finance Docket No. 34554 (Sub-No.1) must be filed with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In 
addition, a copy of all pleadings must be served on petitioner's 
representative: Robert T. Opal, 1400 Douglas Street, STOP 1580, Omaha, 
NE 68179.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1609. 
[Federal Information Relay Service (FIRS) for the hearing impaired: 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 Rd., Suite 103, Lanham, MD 20706. Telephone: (202) 306-4004. 
[Assistance for the hearing impaired is available through FIRS at 1-
800-877-8339.]
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 17, 2004.

    By the Board, Chairman Nober, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Vernon A. Williams,
Secretary.
[FR Doc. 04-25932 Filed 11-23-04; 8:45 am]
BILLING CODE 4915-01-P