[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Page 28355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9682]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34696]


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

    BNSF Railway Company (BNSF), pursuant to a written trackage rights 
agreement entered into between BNSF and Union Pacific Railroad Company 
(UP), has agreed to grant temporary overhead trackage rights to UP over 
BNSF's line of railroad between BNSF milepost 141.7, near Rockview, MO, 
and BNSF milepost 479.4, near Hulbert, AR (via Marion, AR), a distance 
of approximately 158.4 miles.\1\
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    \1\ The trackage rights involve BNSF segments with non-
contiguous mileposts. Therefore, total mileage does not correspond 
to the milepost designations of the endpoints.
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    The transaction was scheduled to be consummated on May 8, 2005, and 
the temporary trackage rights will expire on or about July 23, 2005. 
The purpose of the temporary trackage rights is to facilitate 
maintenance work on UP lines.
    As a condition to this exemption, any employees 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 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. 34696, 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 Robert T. Opal, General 
Commerce Counsel, 1400 Douglas Street, STOP 1580, Omaha, NE 68179.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: May 9, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-9682 Filed 5-16-05; 8:45 am]
BILLING CODE 4915-01-P