[Federal Register Volume 70, Number 13 (Friday, January 21, 2005)]
[Notices]
[Page 3257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1111]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34640]


Central Washington Railroad Company--Lease and Operation 
Exemption--The Burlington Northern and Santa Fe Railway Company

    Central Washington Railroad Company (CWA), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to lease, from The 
Burlington Northern and Santa Fe Railway Company (BNSF), and operate 
approximately 41.57 miles of rail line extending: (1) From 
approximately milepost 33.5 at or near Gibbon, WA, to approximately 
milepost 63.5 at or near Granger, WA; (2) from approximately milepost 
0.0 at or near Yakima, WA, to approximately milepost 2.97 at or near 
Fruitvale, WA; (3) from approximately milepost 0.0 at or near Yakima to 
approximately milepost 8.6 at or near Moxee City, WA, as well as 
certain related yard, industry, side and spur tracks (including the 
Boise Spur).
    In addition, CWA will acquire by assignment from BNSF certain 
incidental trackage rights over the lines of the Union Pacific Railroad 
Company (UP) \1\ as follows: (1) At Biggam, WA, from approximately UP 
milepost 48.2 to approximately UP milepost 49.52; (2) at Grandview, WA, 
from approximately UP milepost 57.3 at Elm Street to approximately UP 
milepost 58.75; (3) at Midvale, WA, from approximately UP milepost 
62.75 to approximately UP milepost 63.75 (4) from approximately UP 
milepost 73.4 at Granger, WA, to approximately UP milepost 78.5 at 
Zillah, WA ; (5) at Sunnyside, WA, from approximately UP milepost 0.0 
to approximately UP milepost 3.21, which trackage rights provide CWA 
with limited access to UP customers from the CWA leased line from 
Granger to Gibbon, WA;\2\ and (6) from approximately UP milepost 94.5 
at Union Gap, WA, to approximately UP milepost 98.07 at the end of the 
line at Yakima (as well as the yard tracks in UP's Yakima Yard) (Union 
Gap Trackage), which will provide CWA with limited access to UP 
customers.\3\
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    \1\ The assignment of the incidental trackage rights over the UP 
lines is subject to the consent of UP, which was anticipated to 
occur on or before December 30, 2004.
    \2\ This UP traffic will be interchanged with BNSF at Gibbon.
    \3\ This UP traffic will be interchanged with BNSF at BNSF's 
Yakima Yard.
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    CWA will also acquire incidental overhead trackage rights from BNSF 
over the BNSF line at Yakima from approximately milepost 89.0 to 
approximately milepost 92.0 (as well as adjacent running and yard 
tracks), which connect the separate elements of the CWA leased lines at 
Yakima, provide interchange acess with BNSF at BNSF's Yakima Yard, and 
facilitate CWA reaching the Union Gap Trackage.
    This transaction is related to STB Finance Docket No. 34641, 
Nicholas B. Temple and Eric Temple--Control Exemption--Central 
Washington Railroad Company wherein Nicholas B. Temple and Eric Temple 
have filed a verified notice of exemption to control CWA upon its 
becoming a Class III rail carrier.
    CWA certifies that its projected revenues as a result of this 
transaction will not exceed those that would qualify it as a Class III 
rail carrier and states that such revenues will not exceed $5 million 
annually. The transaction was scheduled to be consummated on or after 
December 29, 2004.
    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. 34640, 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 Rose-Michele Weinryb, Esq., 
Weiner Brodsky Sidman Kider PC, 1300 19th St., NW., Fifth Floor, 
Washington, DC 20036-1609.
    Board decisions and notices are available on our website at 
``http://www.stb.dot.gov.''

    Decided: January 12, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-1111 Filed 1-19-05; 8:45 am]
BILLING CODE 4915-01-P