[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Notices]
[Page 65568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18899]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34944]


Portland & Western Railroad, Inc.--Temporary Trackage Rights 
Exemption--BNSF Railway Company

    Pursuant to a written trackage rights agreement, BNSF Railway 
Company (BNSF) has agreed to grant temporary overhead trackage rights 
to Portland & Western Railroad, Inc. (PNWR), extending from the 
facilities of the Portland Terminal Railroad Company at Portland, OR, 
to Willbridge, OR, on (a) BNSF main track 1 between milepost 
0.69 and milepost 4.32 and (b) BNSF main track 2 between 
milepost 0.91 and milepost 4.25 (including use of the crossover), a 
distance of approximately 3.6 miles.
    The transaction was scheduled to be consummated on or after October 
30, 2006, and the temporary trackage rights are scheduled to expire on 
December 30, 2006.
    This transaction is related to two concurrently filed notices of 
exemption in STB Finance Docket No. 34945, Portland & Western Railroad, 
Inc.--Temporary Trackage Rights Exemption--Union Pacific Railroad 
Company, and STB Finance Docket No. 34946, Portland & Western Railroad, 
Inc.--Temporary Trackage Rights Exemption--Portland Terminal Railroad 
Company. In STB Finance Docket No. 34945, Union Pacific Railroad 
Company (UP) has agreed to grant temporary overhead trackage rights to 
PNWR over a 50-mile line of railroad extending between milepost 0.0 on 
UP's Portland Subdivision at Portland, OR, and milepost 720.9 on UP's 
Brooklyn Subdivision at Labish, OR. In STB Finance Docket No. 34946, 
Portland Terminal Railroad Company has agreed to grant temporary 
overhead trackage rights to PNWR over a 1.5-mile line of railroad 
extending between milepost 0.91 on BNSF's Fallbridge Subdivision and 
milepost 0.0 on UP's Portland Subdivision, all located near Union 
Station in Portland, OR. The trackage rights in these proceedings will 
connect to make a continuous detour route between Willbridge and 
Labish, OR, that will allow PNWR to continue to handle traffic while 
its line is undergoing rehabilitation and reconstruction.
    As a condition to this exemption, any employees 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 employees 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. 34944, 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 Eric M. Hocky, Gollatz, Griffin 
& Ewing, P.C., Four Penn Center Plaza, Suite 200, 1600 John F. Kennedy 
Blvd., Philadelphia, PA 19103-2808.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided November 1, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

Vernon A. Williams,
Secretary.
[FR Doc. E6-18899 Filed 11-7-06; 8:45 am]
BILLING CODE 4915-01-P