[Federal Register Volume 70, Number 57 (Friday, March 25, 2005)]
[Notices]
[Pages 15377-15378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5811]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34554 (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

[[Page 15378]]

pertains to the modified trackage rights described in STB Finance 
Docket No. 34554 (Sub-No. 2) \2\ to permit the trackage rights to 
expire on or about December 31, 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 January 25, 2005, 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 extend the expiration date of the 
local trackage rights granted to UP over BNSF's 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 new class exemption for temporary 
trackage rights at 49 CFR 1180.2(d)(8). See Union Pacific Railroad 
Company--Temporary Trackage Rights Exemption--BNSF Railway Company, 
STB Finance Docket No. 34554 (Sub-No. 2) (STB served Feb. 11, 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. 34554 (STB 
served Oct. 7, 2004), also extended between BNSF milepost 579.3 near 
Mill Creek, OK, and BNSF milepost 631.1 near Joe Junction, TX. By 
decision served November 24, 2004, in STB Finance Docket No. 34554 
(Sub-No. 1), the Board granted an exemption to permit the trackage 
rights granted in STB Finance Docket No. 34554 to expire. At that 
time, it was anticipated by the parties that the rights would expire 
on or about December 31, 2004. However, this authority had not been 
exercised at the time of filing of the notice of exemption in STB 
Finance Docket No. 34554 (Sub-No. 2) for an extension of the 
expiration date.

DATES: This exemption is effective on April 24, 2005. Petitions to stay 
must be filed by April 4, 2005. Petitions to reopen must be filed by 
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April 14, 2005.

ADDRESSES: An original and 10 copies of all pleadings referring to STB 
Finance Docket No. 34554 (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, e-
mail or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, 
Lanham, MD 20706; e-mail [email protected]; 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: March 17, 2005.

    By the Board, Chairman Nober, Vice Chairman Buttrey, and 
Commissioner Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. 05-5811 Filed 3-24-05; 8:45 am]
BILLING CODE 4915-01-P