[Federal Register Volume 71, Number 237 (Monday, December 11, 2006)]
[Notices]
[Pages 71608-71609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20902]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34959]


Iowa Interstate Railroad, Ltd.--Trackage Rights Exemption--BNSF 
Railway Company

    Pursuant to a trackage rights agreement dated November 13, 2006, 
between Iowa Interstate Railroad, Ltd. (IAIS) and BNSF Railway Company 
(BNSF), IAIS has agreed to grant BNSF overhead trackage rights on 
IAIS's main line between milepost 170.2, at Colona, IL, and milepost 
175.4, at East Moline, IL, a distance of 5.2 miles, and over various 
meeting or passing tracks connecting with IAIS's main line, as IAIS may 
designate (the Joint Trackage).
    The transaction is scheduled to be consummated on or after December 
22, 2006.
    The purpose of the trackage rights is to allow BNSF use of the 
Joint Trackage

[[Page 71609]]

only for overhead freight operations, involving trains, locomotives, 
cars and equipment operated by BNSF. Under the agreement, BNSF shall 
not perform any local freight service at or to any point or station 
located on the Joint Trackage (except for interchange with IAIS at 
Silvis, IL, which is covered by separate agreement). The overhead 
trackage rights will terminate on December 31, 2025, but the agreement 
will remain in effect until cancelled by either party upon 60 days' 
written notice.\1\
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    \1\ The trackage rights agreement provides for an initial term 
of 19 years. The parties must seek appropriate Board authority for 
the trackage rights to expire at the end of the period covered by 
the agreement.
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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 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. 34959, 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 Jake P. DeBoever, BNSF Railway 
Company, 2500 Lou Menk Drive, 3rd Floor, Fort Worth, TX 76131-2828.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 4, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-20902 Filed 12-8-06; 8:45 am]
BILLING CODE 4915-01-P