68440 Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 

1On 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.

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.

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).

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 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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34604] 

Rio Valley Railroad, Inc.—Acquisition 

Exemption—Rail Lines of Union Pacific 

Railroad Company in Cameron County, 

TX 

Rio Valley Railroad, Inc. (RVRI), a 

Class III rail carrier, has filed a verified 

notice of exemption under 49 CFR 

1150.41 to acquire by lease 

approximately 17.38 miles of rail lines 

located in Cameron County, TX, from 

the Union Pacific Railroad Company 

(UP). RVRI will lease the following rail 

lines: (1) A portion of the Mission 

Industrial Lead from milepost 0.06, at a 

point 50 feet measured at a right angle 

from UP’s Brownsville Subdivision 

main track No. 104 at Harlingen, TX, to 

milepost 1.00 in Harlingen Yard at 

Harlingen, TX; (2) the Santa Rosa 

Industrial Lead from milepost 0.00 in 

Harlingen Yard at Harlingen, TX, to 

milepost 11.38 near Rogers Lacy, TX; 

and (3) approximately 5 miles of track 

in Harlingen Yard at Harlingen, TX. 

This transaction is related to STB 

Finance Docket No. 34605, Rio Valley 

Switching Company—Operation 

Exemption—Rio Valley Railroad, Inc.,

wherein Rio Valley Switching Company 

seeks to operate the lines being leased 

by RVRI. 

RVRI certifies that its projected 

revenues as a result of this transaction 

will not result in the creation of a Class 

II or Class I rail carrier. The transaction 

was scheduled to be consummated no 

sooner than November 2, 2004, the 

effective date of the exemption (7 days 

after the exemption was filed). 

If the notice 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. 34604, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, one copy of each 

pleading must be served on Thomas F. 

McFarland, Thomas F. McFarland, P.C., 

208 South LaSalle Street, #1890, 

Chicago, IL 60604–1112. 

Board decisions and notices are 

available on our Web site at 

‘‘www.stb.dot.gov.’’

Decided: November 17, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–26054 Filed 11–23–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34605] 

Rio Valley Switching Company—

Operation Exemption—Rio Valley 

Railroad, Inc. 

Rio Valley Switching Company 

(RVSC), a Class III rail carrier, has filed 

a verified notice of exemption under 49 

CFR 1150.41 to operate, pursuant to an 

agreement with Rio Valley Railroad, Inc. 

(RVRI), approximately 17.38 miles of 

rail lines owned by the Union Pacific 

Railroad Company (UP) located in 

Cameron County, TX, consisting of: (1) 

A portion of the Mission Industrial Lead 

from milepost 0.06, at a point 50 feet 

measured at a right angle from UP’s 

Brownsville Subdivision main track No. 

104 at Harlingen, TX, to milepost 1.00 

in Harlingen Yard at Harlingen, TX; (2) 

the Santa Rosa Industrial Lead from 

milepost 0.00 in Harlingen Yard at 

Harlingen, TX, to milepost 11.38 near 

Rogers Lacy, TX; and (3) approximately 

5 miles of track in Harlingen Yard at 

Harlingen, TX. 

This transaction is related to STB 

Finance Docket No. 34604, Rio Valley 

Railroad, Inc.—Acquisition 

Exemption—Rail Lines of Union Pacific 

Railroad Company in Cameron County, 

TX, wherein RVRI seeks to acquire by 

lease, the lines to be operated by RVSC. 

RVSC certifies that its projected 

revenues as a result of this transaction 

will not result in the creation of a Class 

II or Class I rail carrier. The transaction 

was scheduled to be consummated no 

sooner than November 2, 2004, the 

effective date of the exemption (7 days 

after the exemption was filed).