[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Notices]
[Page 27789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7261]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34873)


South Kansas & Oklahoma Railroad, Inc.--Trackage Rights 
Exemption--BNSF Railway Company

    BNSF Railway Company (BNSF) has agreed to grant restricted overhead 
trackage rights to South Kansas & Oklahoma Railroad, Inc. (SKO), over 
BNSF's line of railroad between milepost 249.7, near W.N. Junction, KS, 
and milepost 206.0, in Wichita, KS, a total distance of approximately 
43.7 miles. The use of the trackage rights line by SKO will be limited 
to certain overhead movements. In addition, BNSF has granted SKO local 
trackage rights at milepost 215.36 on the line for the limited purpose 
of serving the customer at that location.\1\
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    \1\ The trackage rights agreement was filed under seal. SKO 
subsequently filed a motion for protective order.
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    The transaction was scheduled to be consummated on the May 1, 2006 
effective date of the exemption.
    The purpose of the trackage rights is to enable SKO to handle 
overhead traffic between Winfield, KS, and Wichita, and to serve the 
customer located at milepost 215.36 on the BNSF line.
    As a condition of 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. 34873, 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 Karl Morell, Of Counsel, Ball 
Janik LLP, Suite 225, 1455 F Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 8, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-7261 Filed 5-11-06; 8:45 am]
BILLING CODE 4915-01-P