[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Notices]
[Pages 25883-25884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9740]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34694]


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

    BNSF Railway Company (BNSF), pursuant to a written trackage rights 
agreement entered into with Union Pacific Railroad Company (UP), has 
agreed to grant local trackage rights to UP \1\ over a BNSF line of 
railroad extending from BNSF milepost 11.3 at UP Junction, WA, to BNSF 
milepost 36.0 near Sprague, WA, a distance of approximately 24.7 miles.
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    \1\ 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 Railroad Consolidation 
Procedures--Exemption for Temporary Trackage Rights, STB Ex Parte 
No. 282 (Sub-No. 20) (STB served May 23, 2003). Therefore, UP has 
concurrently filed a petition for partial revocation of this 
exemption in STB Finance Docket No. 34694 (Sub-No. 1), Union Pacific 
Railroad Company--Temporary Trackage Rights Exemption--BNSF Railway 
Company, wherein UP requests that the Board permit the proposed 
local trackage rights arrangement described in this notice to expire 
on or about December 31, 2005. That petition will be addressed by 
the Board in a separate decision.
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    The transaction was scheduled to be consummated on May 3, 2005.
    The purpose of the trackage rights is to permit UP to move loaded 
and empty ballast trains for use in its maintenance-of-way projects.
    As a condition to this exemption, any employees affected by 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. 34694 must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on T. Christopher Lewis, 1400 
Douglas Street, STOP 1580, Omaha, NE 68179.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.


[[Page 25884]]


    Decided: May 10, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-9740 Filed 5-13-05; 8:45 am]
BILLING CODE 4915-01-P