[Federal Register Volume 72, Number 118 (Wednesday, June 20, 2007)]
[Notices]
[Pages 34066-34067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11890]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34998 (Sub-No. 1)]


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

    Union Pacific Railroad Company (UP), pursuant to written trackage 
rights agreements entered into between UP and BNSF Railway Company 
(BNSF), has agreed to grant BNSF temporary overhead trackage rights to 
expire on July 29, 2007, over UP lines for: (1) Eastbound trains (a) on 
the Dallas Subdivision from milepost 245.3, Tower 55, at Ft. Worth, TX, 
to milepost 89.6, Longview, TX, (b) on the Little Rock Subdivision from 
milepost 89.6, Longview, to milepost 343.6, North Little Rock, AR, (c) 
on the Hoxie Subdivision from milepost 343.6, North Little Rock, to 
milepost 287.9, Bald Knob, AR, and (d) on the Memphis Subdivision from 
milepost 287.9, Bald Knob, to milepost 378.1, Kentucky Street, Memphis, 
TN, a distance of 542.2 miles; and (2) westbound trains (a) on the 
Memphis Subdivision from Kentucky Street to milepost 375.3, Briark, AR, 
(b) on the Brinkley Subdivision from milepost 4.1 to milepost 70.6, 
Brinkley, AR, (c) on the Jonesboro Subdivision from milepost 200.5 to 
milepost 264.2, Pine Bluff, AR, (d) on the Pine Bluff Subdivision from 
milepost 264.2 to milepost 525.1, Big Sandy, TX, and (e) on the Dallas 
Subdivision from milepost 114.5 to milepost 245.3, Tower 55, at Ft. 
Worth, a distance of 526.3 miles. The original grant of temporary 
overhead trackage rights exempted in BNSF Railway Company--Temporary 
Trackage Rights Exemption--Union Pacific Railroad Company, STB Finance 
Docket No. 34998 (STB served Feb. 27, 2007), covered the same lines, 
but expired on May 12, 2007. The purpose of this transaction is to 
modify the temporary overhead trackage rights exempted in STB Finance 
Docket No. 34998 to extend the expiration date from May 12, 2007, to 
July 29, 2007.
    The transaction is scheduled to be consummated on June 30, 2007, 
the effective date of the exemption covered by this notice.\1\ The 
temporary overhead trackage rights will allow BNSF to continue to 
bridge its train service while BNSF's main lines are out of service due 
to certain programmed track, roadbed and structural maintenance.
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    \1\ BNSF states that it filed this notice to extend 
retroactively the termination date of the temporary overhead 
trackage rights from May 12, 2007, to July 29, 2007. As noted, this 
exemption takes effect on June 30, 2007. BNSF should file notices of 
exemption designed to extend its temporary overhead traffic rights 
sufficiently in advance of the expiration date to allow the 
exemption to become effective prior to the previously noticed 
expiration date.
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    As a condition to this exemption, any employee 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 employee 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. Any stay petition must be filed on or before June 
22, 2007 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance

[[Page 34067]]

Docket No. 34998 (Sub-No. 1), must be filed with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-1001. In 
addition, one 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 our Web site at http://www.stb.dot.gov.

    Decided: June 14, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-11890 Filed 6-19-07; 8:45 am]
BILLING CODE 4915-01-P