[Federal Register Volume 70, Number 21 (Wednesday, February 2, 2005)]
[Notices]
[Page 5510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1908]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34652]


BNSF Railway Company \1\--Temporary Trackage Rights Exemption--
Union Pacific Railroad Company

    Union Pacific Railroad Company (UP) has agreed to grant temporary 
overhead trackage rights to the BNSF Railway Company (BNSF) over UP's 
rail line between Stockton, CA, UP milepost 88.90 (Fresno Subdivision) 
and Bakersfield, CA, UP milepost 313.6 (Mojave Subdivision), a distance 
of approximately 225 miles.
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    \1\ Effective January 20, 2005, the name of ``The Burlington 
Northern and Santa Fe Railway Company'' was changed to ``BNSF 
Railway Company.''
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    The transaction was scheduled to be consummated on January 23, 
2005, and the temporary trackage rights are intended to expire on 
February 5, 2005. The purpose of the temporary trackage rights is to 
allow BNSF to bridge its train service while its main lines are out of 
service due to programmed track, roadbed, and structural maintenance.
    As a condition to this exemption, any employee affected by the 
acquisition of the temporary 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), and, in accordance with the 
decision of the United States Court of Appeals for the District of 
Columbia Circuit in United Transportation Union-General Committee of 
Adjustment (GO-386) v. Surface Transportation Board, No. 03-1212, 2004 
U.S. App. LEXIS 6496 (D.C. Cir. Apr. 6, 2004), any employee affected by 
the discontinuance of those trackage rights will be protected by the 
conditions set out in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    This notice is filed under 49 CFR 1180.2(d)(8). 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. 34652, 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 Sarah W. Bailiff, The 
Burlington Northern and Santa Fe Railway Company, PO Box 961039, Fort 
Worth, TX 76161-0039.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: January 26, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-1908 Filed 2-1-05; 8:45 am]
BILLING CODE 4915-01-P