[Federal Register Volume 70, Number 180 (Monday, September 19, 2005)]
[Notices]
[Page 54974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18413]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34732]


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

    BNSF Railway Company (BNSF), pursuant to a modified written 
trackage rights agreement entered into between BNSF and Union Pacific 
Railroad Company (UP), submits this verified notice for an exemption of 
the modified written trackage rights agreement governing UP's existing 
overhead trackage rights over BNSF's line of railroad between MP 365.85 
at UP Jct., WA, and MP 365.14 at Fish Lake, WA, approximately 0.70 
miles, on BNSF's Spokane Subdivision (the Joint Trackage).\1\ The 
modification of trackage rights relates to UP's assumption of 
maintenance functions for a particular segment of the Joint Trackage, 
except for signal maintenance which will continue to be the 
responsibility of BNSF. UP will continue to have rights to use the 
Joint Trackage as provided in the Agreement.
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    \1\ UP acquired the nonexclusive right to use the Joint Trackage 
under an agreement dated January 27, 1972, by and between the 
Oregon-Washington Railroad & Navigation Company, and its lessees, UP 
and Burlington Northern Inc. (BNSF's predecessor in interest), as 
amended by a supplemental agreement dated May 6, 1982 (collectively, 
the Agreement).
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    The transaction was scheduled to be consummated on September 6, 
2005, and operations under this exemption were planned to begin on that 
date.
    The purpose of this transaction is to modify the Agreement to 
change the maintenance obligations in order to promote operating and 
maintenance efficiencies and better align the parties' maintenance 
obligations relative to usage.
    As a condition to this exemption, any employees affected by the 
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).
    This notice is filed under 49 CFR 1180.2(d)(7). 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34732, 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 Sarah W. Bailiff, BNSF RAILWAY 
COMPANY, 2500 Lou Menk Drive, P.O. Box 961039, Fort Worth, TX 76161-
0039.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-18413 Filed 9-16-05; 8:45 am]
BILLING CODE 4915-01-P