[Federal Register: November 24, 2004 (Volume 69, Number 226)]
[Notices]
[Page 68440]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no04-133]
[[Page 68440]]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34554 (Sub-No. 1)]
Union Pacific Railroad Company--Temporary Trackage Rights
Exemption--The Burlington Northern and Santa Fe Railway Company
AGENCY: Surface Transportation Board.
ACTION: Partial revocation of exemption.
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SUMMARY: The Board, under 49 U.S.C. 10502, revokes the class exemption
as it pertains to the trackage rights described in STB Finance Docket
No. 34554 to permit the trackage rights to expire on or about December
31, 2004, in accordance with the agreement of the parties,\1\ subject
to the employee protective conditions set forth in Oregon Short Line R.
Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979).
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\1\ On September 17, 2004, the Union Pacific Railroad Company
(UP) concurrently filed a verified notice of exemption under the
Board's class exemption procedures at 49 CFR 1180.2(d)(7). The
notice covered the agreement by The Burlington Northern and Santa Fe
Railway Company (BNSF) to grant temporary local trackage rights to
UP over a BNSF line of railroad between BNSF milepost 579.3 near
Mill Creek, OK, and BNSF milepost 631.1 near Joe Junction, TX, a
distance of approximately 51 miles. UP submits that the trackage
rights are only temporary rights, but, because they are ``local''
rather than ``overhead'' rights, they do not qualify for the Board's
class exemption for temporary trackage rights at 49 CFR
1180.2(d)(8). See Union Pacific Railroad Company--Temporary Trackage
Rights Exemption--The Burlington Northern and Santa Fe Railway
Company, STB Finance Docket No. 34554 (STB served Oct. 7, 2004). The
trackage rights operations under the exemption were scheduled to
begin on September 24, 2004.
DATES: This exemption will be effective on December 24, 2004. Petitions
to stay must be filed by December 6, 2004. Petitions to reopen must be
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filed by December 14, 2004.
ADDRESSES: An original and 10 copies of all pleadings referring to STB
Finance Docket No. 34554 (Sub-No.1) must be filed with the Surface
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In
addition, a copy of all pleadings must be served on petitioner's
representative: Robert T. Opal, 1400 Douglas Street, STOP 1580, Omaha,
NE 68179.
FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1609.
[Federal Information Relay Service (FIRS) for the hearing impaired: 1-
800-877-8339].
SUPPLEMENTARY INFORMATION: Additional information is contained in the
Board's decision. To purchase a copy of the full decision, write to,
call, or pick up in person from: ASAP Document Solutions, 9332
Annapolis Rd., Suite 103, Lanham, MD 20706. Telephone: (202) 306-4004.
[Assistance for the hearing impaired is available through FIRS at 1-
800-877-8339.]
Board decisions and notices are available on our Web site at http://www.stb.dot.gov
.
Decided: November 17, 2004.
By the Board, Chairman Nober, Vice Chairman Mulvey, and
Commissioner Buttrey.
Vernon A. Williams,
Secretary.
[FR Doc. 04-25932 Filed 11-23-04; 8:45 am]
BILLING CODE 4915-01-P