[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Notices]
[Pages 67705-67706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19775]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34951]


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

    Pursuant to a trackage rights agreement dated October 30, 2006, 
between Portland & Western Railroad, Inc. (PNWR), and BNSF Railway 
Company (BNSF), BNSF has agreed to grant PNWR overhead trackage rights: 
(a) Between milepost 10.0 in Vancouver, WA, on the BNSF Fallbridge 
Subdivision, and milepost 0.69 (Main Track 1) and milepost 0.91 (Main 
Track 2) in Portland, OR; and (b) between milepost 132.5 and milepost 
136.5 in Vancouver, WA, on the BNSF Seattle Subdivision, a total 
distance of approximately 13.31 miles.\1\
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    \1\ A redacted version of the trackage rights agreement between 
PNWR and BNSF was filed with the notice of exemption. The full 
version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), 
was concurrently filed under seal along with a motion for protective 
order. The request for a protective order is being addressed in a 
separate decision.
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    The transaction was scheduled to be consummated on or after 
November 13, 2006. On November 13, 2006, PNWR filed a petition for 
partial revocation to permit the expiration of the trackage rights on 
May 30, 2016, the termination date agreed to by the parties.\2\ The 
purpose of the trackage rights is to allow PNWR and BNSF to shift their 
interchange from Salem or Albany, OR, to Vancouver, WA.\3\
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    \2\ The petition for partial revocation will be handled in a 
separate Sub-No. 1 docket in this proceeding.
    \3\ To accomplish this shift, PNWR will also use trackage rights 
between Labish, OR, and Portland, OR. See Portland & Western 
Railroad, Inc.--Trackage Rights Exemption--Union Pacific Railroad 
Company, STB Finance Docket No. 34883 (STB served July 19, 2006).
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    As a condition to this exemption, any employee 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

[[Page 67706]]

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. 34951, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
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.

    Dated: November 17, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-19775 Filed 11-21-06; 8:45 am]
BILLING CODE 4915-01-P