[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Notices]
[Page 41073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6353]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34883]


Portland and Western Railroad, Inc.--Trackage Rights Exemption--
Union Pacific Railroad Company

    BNSF Railway Company has agreed to assign overhead trackage rights 
to the Portland and Western Railroad, Inc. (PNWR), over: (1) The rail 
line owned by Union Pacific Railroad Company (UP) between East 
Portland, OR, in the vicinity of Milepost 770.3 and Labish, OR, in the 
vicinity of Milepost 720.9, a distance of approximately 49.4 miles 
(Joint Trackage); (2) the rail line owned by Portland Terminal Railroad 
Company (PTR) between PTR Milepost 0.0 and BNSF Mileposts 0.69 and 0.91 
in Portland, OR; and (3) the railroad portion of UP's Willamette River 
Bridge in Portland.
    The transaction was scheduled to be consummated on or after July 6, 
2006, the effective date of the exemption.\1\
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    \1\ A decision served on July 13, 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.
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    The purpose of the trackage rights is to allow PNWR the right to 
serve as BNSF's agent over the Joint Trackage, including the right to 
access the Joint Trackage via PTR's rail line and UP's Willamette River 
Bridge.
    As a condition to this exemption, any employees affected by 
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. 34883, 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 its Web site at http://www.stb.dot.gov.

    Decided: July 13, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-6353 Filed 7-18-06; 8:45 am]
BILLING CODE 4915-01-P