[Federal Register Volume 71, Number 114 (Wednesday, June 14, 2006)]
[Notices]
[Page 34416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9250]



[[Page 34416]]

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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34880]


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

    BNSF Railway Company (BNSF) has agreed to grant overhead trackage 
rights to Union Pacific Railroad Company (UP) over BNSF's rail line 
between BNSF milepost 0.69 near Portland, OR, and BNSF milepost 8.1 
near North Portland Junction, OR, a distance of approximately 7.41 
miles.
    The transaction was scheduled to be consummated on or after June 1, 
2006, but consummation could lawfully occur no earlier than June 2, 
2006, the effective date of the exemption (7 days after the exemption 
was filed).\1\
---------------------------------------------------------------------------

    \1\ A decision served on June 5, 2006, denied a petition to stay 
the operation of the notice of exemption filed by John D. 
Fitzgerald, for and on behalf of the United Transportation Union--
General Committee of Adjustment. Dennis R. Pierce filed a letter on 
June 5, 2006, on behalf of the Brotherhood of Locomotive Engineers 
and Trainmen--General Committee of Adjustment in support of the stay 
request of Mr. Fitzgerald.
---------------------------------------------------------------------------

    The purpose of the trackage rights is to create an additional 
overhead routing for UP trains in the Portland, OR area.
    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 the notice 
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. 34880, 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: June 7, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-9250 Filed 6-13-06; 8:45 am]
BILLING CODE 4915-01-P