[Federal Register Volume 70, Number 39 (Tuesday, March 1, 2005)]
[Notices]
[Pages 10018-10019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3884]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34417 (Sub-No. 3)]


Union Pacific Railroad Company--Temporary Trackage Rights 
Exemption--BNSF Railway Company \1\
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    \1\ Effective January 20, 2005, The Burlington Northern and 
Santa Fe Railway Company has changed its name to BNSF Railway 
Company (BNSF).
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AGENCY: Surface Transportation Board, DOT.

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 modified trackage rights described in STB Finance 
Docket No. 34417 (Sub-No. 2) \2\ to permit the

[[Page 10019]]

trackage rights to expire on or about May 16, 2005, in accordance with 
the agreement of the parties,\3\ 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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    \2\ On December 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 BNSF to grant additional local 
trackage rights to UP over a BNSF line of railroad between BNSF 
milepost 113.0 and BNSF milepost 117.0 near Endicott, NE, a distance 
of approximately 4.0 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. 34417 (Sub-No. 2) (STB served Jan. 6, 2005).
    \3\ The original trackage rights granted in Union Pacific 
Railroad Company--Trackage Rights Exemption--The Burlington Northern 
and Santa Fe Railway Company, STB Finance Docket No. 34417 (STB 
served Nov. 3, 2003), extended between BNSF milepost 114.5 and BNSF 
milepost 117.0 near Endicott, NE, a distance of approximately 2.5 
miles. By decision served December 8, 2003, in STB Finance Docket 
No. 34417 (Sub-No. 1), the Board granted an exemption to permit the 
trackage rights granted in STB Finance Docket No. 34417 to expire. 
At that time, it was anticipated by the parties that the rights 
would expire on or about October 15, 2004. However, this authority 
had not been exercised at the time of filing of the notice of 
exemption in STB Finance Docket No. 34417 (Sub-No. 2) for the 
additional local trackage rights.

DATES: This exemption will be effective on March 31, 2005. Petitions to 
stay must be filed by March 11, 2005. Petitions to reopen must be filed 
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by March 21, 2005.

ADDRESSES: An original and 10 copies of all pleadings referring to STB 
Finance Docket No. 34417 (Sub-No. 3) 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: February 23, 2005.

    By the Board, Chairman Nober, Vice Chairman Buttrey, 
Commissioner Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. 05-3884 Filed 2-28-05; 8:45 am]
BILLING CODE 4915-01-P