[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Notices]
[Pages 41479-41480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14098]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34720]


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

    BNSF Railway Company (BNSF), pursuant to a modified written 
trackage rights agreement entered into between BNSF and Union Pacific 
Railroad Company (UP), submits this verified notice for an exemption of 
the modified written trackage rights agreement governing BNSF's 
existing overhead trackage rights over UP's line of railroad between 
Crestline Street MP 163.52 and Helena Street MP 163.89, approximately 
0.37 miles, on UP's Wallace Subdivision (the Joint Trackage) in 
Spokane, WA.\1\ The modification of trackage rights relates to BNSF's 
assumption of maintenance functions for a particular segment of the 
Joint Trackage. BNSF will continue to have rights to use the Joint 
Trackage as provided in the Agreement.
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    \1\ BNSF acquired the nonexclusive right to use the Joint 
Trackage under an agreement dated February 22, 1973, by and between 
the Oregon-Washington Railroad & Navigation Company, and its 
lessees, UP and Burlington Northern Inc. (BNSF's predecessor in 
interest), as amended by a supplemental agreement dated January 21, 
1974, and further amended by a Letter Agreement dated July 27, 1988 
(collectively, the Agreement).
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    The transaction is scheduled to be consummated on July 12, 2005, 
and operations under this exemption are planned to begin on that date.
    The purpose of this transaction is to modify the Agreement to 
change the maintenance obligations in order to promote operating and 
maintenance efficiencies and better align the parties' maintenance 
obligations relative to usage.
    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. 34720 must be filed with the Surface Transportation 
Board, 1925 K

[[Page 41480]]

Street, NW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Sarah W. Bailiff, 2500 Lou Menk Drive, 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.

    Decided: July 11, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-14098 Filed 7-18-05; 8:45 am]
BILLING CODE 4915-01-P