[Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Page 20433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5931]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34859]


Red River Valley & Western Railroad Company--Trackage Rights 
Exemption--BNSF Railway Company

    BNSF Railway Company (BNSF) has agreed to grant overhead trackage 
rights to Red River Valley & Western Railroad Company (RRVW) over 
BNSF's line of railroad between Jamestown, ND (milepost 93.2), and 
Casselton, ND (milepost 28.4), including BNSF's main line trackage from 
the switch at the intersection of RRVW's line to Ypsilanti, running 
west to the crossovers into the Jamestown yard tracks, a distance of 
approximately 74.0 miles.\1\
---------------------------------------------------------------------------

    \1\ A redacted version of the trackage rights agreement between 
BNSF and RRVW was filed with the notice of exemption. The full 
version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), 
was concurrently filed under seal along with a motion for protective 
order. A protective order was served on April 13, 2006.
---------------------------------------------------------------------------

    The transaction was expected to be consummated on or after April 7, 
2006. The purpose of the trackage rights is to provide RRVW with an 
alternate route to other lines in its system. This alternate route has 
heavier rail, better quality track materials and can sustain higher 
operating speeds, thereby promoting safety and operating efficiencies.
    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. 34859, 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 Rose-Michelle Nardi, Weiner 
Brodsky Sidman Kider PC, 1300 19th Street, NW., Fifth Floor, 
Washington, DC 20036.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 13, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-5931 Filed 4-19-06; 8:45 am]
BILLING CODE 4915-01-P