[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Notices]
[Pages 8670-8671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3344]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34657] *


BNSF Railway Company--Trackage Rights Exemption--Union Pacific 
Railroad Company

    Union Pacific Railroad Company (UP) has agreed to grant overhead 
trackage rights to BNSF Railway Company, f/k/a The Burlington Northern 
and Santa Fe Railway Company (BNSF), over: (1) A line of railroad 
between UP's milepost 1.7 at a station known as Tower 30, on UP's 
Glidden Subdivision and Strang yard, TX, and UP's milepost 21.5 on UP's 
Strang Subdivision; and (2) portions of a line of railroad between 
Tower 30 and Strang yard that are owned by the Port of Houston (PHA), 
maintained by the Port Terminal Railroad Association (PTRA), and 
jointly operated by PTRA and UP pursuant to UP's contractual 
arrangements with PHA and PTRA.\1\ The line is located in the State of 
Texas. The total distance of the trackage rights granted to BNSF is 
approximately 15.6 miles.
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    * This notice corrects one served and published in the Federal 
Register on February 11, 2005, in this proceeding, to remove the 
references to ``temporary'' found in the second and third paragraphs 
of the notice.
    \1\ A redacted version of the trackage rights agreement between 
BNSF and UP was filed with the notice of exemption. The full version 
of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was filed 
under seal along with a motion for protective order on January 28, 
2005. A protective order is being served on February 4, 2005.
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    The transaction was scheduled to be consummated on February 1, 
2005, and operations under this exemption were scheduled to begin on 
that date. The purpose of the trackage rights is to allow BNSF access 
to a limited subset of facilities on the Bayport Loop, southeast of 
Houston, TX, and BNSF's system trackage in the Houston terminal, 
including, without limitation, access to BNSF's existing rights between 
Tower 30 and the East and West Belts.
    As a condition to this exemption, any employees affected by the 
acquisition of 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. 34657, 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, Senior 
General Attorney, BNSF Railway Company, P.O. Box 961039, Fort Worth, TX 
76161-0039.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''


[[Page 8671]]


    Decided: February 4, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-3344 Filed 2-18-05; 8:45 am]
BILLING CODE 4915-01-P