[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Notices]
[Pages 65035-65036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25949]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35186]


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

    BNSF Railway Company (BNSF), pursuant to a written trackage rights 
agreement entered into between BNSF and Union Pacific Railroad Company 
(UP), has agreed to grant UP overhead temporary trackage rights between 
St. Louis (Grand Avenue), MO (milepost 2.1), on the one hand, and 
Pacific, MO (milepost 34.1), on the other, a distance of 32 miles.
    The transaction may be consummated on or after November 16, 2008, 
and the temporary trackage rights are intended to expire on or about 
December 8, 2008. The purpose of the temporary trackage rights is to 
facilitate maintenance work on UP lines.
    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 imposed in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    Pursuant to the Consolidated Appropriations Act, 2008, Pub. L. No. 
110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    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. Petitions for stay must be filed no later than 
November 7, 2008 (at least 7 days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35186, must be filed with the Surface Transportation 
Board, 395 E

[[Page 65036]]

Street, SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Gabriel S. Meyer, 1400 Douglas Street, STOP 
1580, Omaha, NE 68179.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: October 27, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E8-25949 Filed 10-30-08; 8:45 am]
BILLING CODE 4915-01-P