[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Notices]
[Page 29391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7762]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34812 (Sub-No. 2)]


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

    Union Pacific Railroad Company (UP), pursuant to a written trackage 
rights agreement entered into between UP and BNSF Railway Company 
(BNSF), has agreed to grant BNSF temporary overhead trackage rights, to 
expire on May 15, 2006, over UP's Chester Subdivision between milepost 
131.3, Rockview Junction, MO, and milepost 0.0, Valley Junction, IL, a 
distance of approximately 132 miles. The original grant of temporary 
overhead trackage rights exempted in BNSF Railway Company--Temporary 
Trackage Rights Exemption--Union Pacific Railroad Company, STB Finance 
Docket No. 34812 (STB served Jan. 6, 2006), covered the same line, but 
expired on March 21, 2006. The expiration date was extended to April 
30, 2006 in the (Sub-No. 1) proceeding in this docket. The purpose of 
this transaction is to modify the temporary overhead trackage rights 
previously exempted by extending the expiration date from April 30, 
2006, to May 15, 2006.
    The transaction was scheduled to be consummated on May 9, 2006, the 
effective date of this notice. The temporary overhead trackage rights 
will allow BNSF to continue to bridge its train service over UP's 
Chester Subdivision while BNSF's main lines are out of service due to 
certain programmed track, roadbed and structural maintenance.
    As a condition to this exemption, any employee 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. 34812 (Sub-No. 2), 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 Sidney L. 
Strickland Jr., Sidney Strickland and Associates, PLLC, 3050 K Street, 
NW., Suite 101, Washington, DC 20007.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 16, 2006.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-7762 Filed 5-19-06; 8:45 am]
BILLING CODE 4915-01-P