Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Notices 70381

1On October 13, 2000, the Union Pacific Railroad

Company (UP) filed a 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 overhead

trackage rights to UP over 235 miles of BNSF’s rail

line between BNSF milepost 885.2 near Bakersfield,

CA, and BNSF milepost 1120.54 near Stockton, CA.

See Union Pacific Railroad Company—Trackage

Rights Exemption—The Burlington Northern and

Santa Fe Railway Company, STB Finance Docket

No. 33948 (STB served Oct. 26, 2000). The trackage

rights agreement is scheduled to expire February

15, 2001. The trackage rights operations under the

exemption were scheduled to be consummated on

October 20, 2000.

1The City states that it is its intent to have the

above line operated by a yet-to-be-determined third

party rail operator. The City further states that the

line will be temporarily embargoed pending line

maintenance and selection of an operator in the

near future.

2The City reported that it intended to

consummate the transaction on or before November

16, 2000 (emphasis added). The earliest the

transaction can be consummated is November 16,

2000, the effective date of the exemption (7 days

after the exemption was filed). The City’s

representative has been notified and has confirmed

that consummation would not take place before

November 16, 2000.

transaction will have a positive effect on

the adequacy of transportation to the

public and will result in no increase in

fixed charges and no changes in

employment. See 49 CFR 1182.2(a)(7).

Additional information may be obtained

from applicant’s representative.

On the basis of the application, we

find that the proposed acquisition and

merger are consistent with the public

interest and should be authorized. If any

opposing comments are timely filed,

this finding will be deemed vacated

and, unless a final decision can be made

on the record as developed, a

procedural schedule will be adopted to

reconsider the application. See 49 CFR

1182.6(c). If no opposing comments are

filed by the expiration of the comment

period, this decision will take effect

automatically and will be the final

Board action.

Board decisions and notices are

available on our website at http://

WWW.STB.DOT.GOV.

This decision will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

It Is Ordered

1. The proposed acquisition and

merger is approved and authorized,

subject to the filing of opposing

comments.

2. If timely opposing comments are

filed, the findings made in this decision

will be deemed vacated.

3. This decision will be effective on

January 8, 2001, unless timely opposing

comments are filed.

4. A copy of this notice will be served

on: (1) the U.S. Department of

Transportation, Federal Motor Carrier

Safety Administration—HMCE–20, 400

Virginia Avenue, SW., Suite 600,

Washington, DC 20024; (2) the U.S.

Department of Justice, Antitrust

Division, 10th Street & Pennsylvania

Avenue, NW., Washington, DC 20530;

and (3) the U.S. Department of

Transportation, Office of the General

Counsel, 400 7th Street, SW.,

Washington, DC 20590.

Decided: November 15, 2000.

By the Board, Chairman Morgan, Vice

Chairman Burkes, and Commissioner

Clyburn.

Vernon A. Williams,

Secretary.

[FR Doc. 00–29728 Filed 11–21–00; 8:45 am]

BILLING CODE 4515–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33948

(Sub–No. 1)]

Union Pacific Railroad Company—

Trackage Rights Exemption—The

Burlington Northern and Santa Fe

Railway Company

AGENCY: Surface Transportation Board,

Transportation.

ACTION: Notice of exemption.

SUMMARY: The Board, under 49 U.S.C.

10502, exempts the trackage rights

described in STB Finance Docket No.

33948 1 to permit the trackage rights to

expire on February 15, 2001, in

accordance with the agreement of the

parties.

DATES: This exemption will be effective

on December 22, 2000. Petitions to

reopen must be filed by December 12,

2000.

ADDRESSES: An original and 10 copies of

all pleadings referring to STB Finance

Docket No. 33948 (Sub-No. 1) must be

filed with the Surface Transportation

Board, Office of the Secretary, Case

Control Unit, 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, 1416 Dodge Street,

Room 830, Omaha, NE 68179.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar (202) 565–1600. (TDD

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: Da ̄-To-Da ̄

Office Solutions, Suite 210, 1925 K

Street, NW., Washington, DC 20006.

Telephone: (202) 289–4357. (Assistance

for the hearing impaired is available

through TDD services 1–800–877–8339.)

Board decisions and notices are

available on our website at http://

WWW.STB.DOT.GOV.

Decided: November 14, 2000.

By the Board, Chairman Morgan, Vice

Chairman Burkes, and Commissioner

Clyburn.

Vernon A. Williams,

Secretary.

[FR Doc. 00–29726 Filed 11–21–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33961]

City of Yelm, WA—Acquisition

Exemption—Line of The Burlington

Northern and Santa Fe Railway

Company

The City of Yelm, Washington (the

City), a municipality of the State of

Washington, a noncarrier, has filed a

notice of exemption under 49 CFR

1150.31 to acquire approximately 4.57

miles of rail line known as the Prairie

Line 1 from The Burlington Northern

and Santa Fe Railway Company (BNSF)

between milepost 20.99 near Roy, WA,

and milepost 25.56 near Yelm, WA, in

Pierce and Thurston Counties, WA. The

City certifies that its projected revenues

as a result of this transaction will not

exceed those that would qualify it as a

Class III rail carrier.

The transaction is expected to be

consummated on or shortly after

November 16, 2000.2

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. 33961, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Stephen L.

Day, 1215—4th Avenue, Suite 800,

Seattle, WA 98161–1090.