[Federal Register: March 23, 2006 (Volume 71, Number 56)]
[Notices]
[Page 14779-14780]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr06-94]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34554 (Sub-No. 5)]
Union Pacific Railroad Company--Temporary Trackage Rights
Exemption--BNSF Railway Company
AGENCY: Surface Transportation Board, DOT.
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 modified trackage rights described in STB Finance
Docket No. 34554 (Sub-No. 4) \1\ to permit the trackage rights to
expire on or about December 31, 2006, in accordance with
[[Page 14780]]
the agreement of the parties,\2\ 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 February 13, 2006, 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 BNSF to extend the expiration date of the
local trackage rights granted to UP over BNSF's 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--
Trackage Rights Exemption--BNSF Railway Company, STB Finance Docket
No. 34554 (Sub-No. 4) (STB served Mar. 3, 2006).
\2\ The original trackage rights granted in Union Pacific
Railroad Company--Trackage Rights Exemption--The Burlington Northern
and Santa Fe Railway Company, STB Finance Docket No. 34554 (STB
served October 7, 2004), also extended from BNSF milepost 579.3 near
Mill Creek, OK, to BNSF milepost 631.1 near Joe Junction, TX. By
decisions served on November 24, 2004, in STB Finance Docket No.
34554 (Sub-No. 1) and on March 25, 2005, in STB Finance Docket No.
34554 (Sub-No. 3), the Board granted exemptions to permit the
trackage rights authorized in STB Finance Docket No. 34554 and
extended in STB Finance Docket No. 34554 (Sub-No. 2), served on Feb.
11, 2005, to expire. At the time of that extension, it was
anticipated by the parties that the rights would expire on or about
December 31, 2005. However, this authority had not yet been
exercised at the time of filing of the notice of exemption in STB
Finance Docket No. 34554 (Sub-No. 4) for a further extension of the
expiration date.
DATES: This exemption is effective on April 22, 2006. Petitions to stay
must be filed by April 3, 2006. Petitions to reopen must be filed by
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April 12, 2006.
ADDRESSES: An original and 10 copies of all pleadings referring to STB
Finance Docket No. 34554 (Sub-No. 5) 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: Gabriel S. Meyer, 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, e-
mail or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103,
Lanham, MD 20706; e-mail asapdc@verizon.net; 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: March 17, 2006.
By the Board, Chairman Buttrey and Vice Chairman Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. E6-4210 Filed 3-22-06; 8:45 am]
BILLING CODE 4915-01-P