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[Federal Register Volume 70, Number 183 (Thursday, September 22, 2005)]
[Notices]
[Page 55660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18841]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34694 (Sub-No. 1)]

Union Pacific Railroad Company--Temporary Trackage Rights 
Exemption--BNSF 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. 34694 \1\ to permit the trackage rights to expire on or about 
December 31, 2005, in accordance with the agreement of the parties, 
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 April 26, 2005, UP concurrently filed a verified notice 
of exemption under the Board's class exemption procedures at 49 CFR 
1180.2(d)(7). The notice, served and published in the Federal 
Register on May 16, 2005 (70 FR 25883), covered the agreement by 
BNSF Railway Company (BNSF) to grant temporary local trackage rights 
to UP over a BNSF line of railroad between BNSF milepost 11.3 in UP 
Junction, WA, and BNSF milepost 36.0 near Sprague, WA, a distance of 
approximately 24.7 miles. Because the temporary trackage rights are 
``local'' rather than ``overhead'' rights, they did not qualify for 
the Board's class exemption for temporary trackage rights at 49 CFR 
1180.2(d)(8). The trackage rights operations under the exemption 
were scheduled to begin on May 3, 2005.

DATES: This exemption is effective on October 22, 2005. Petitions to 
stay must be filed by October 3, 2005. Petitions to reopen must be 
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filed by October 12, 2005.

ADDRESSES: An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34694 (Sub-No. 1) 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 T. Christopher 
Lewis, 1400 Douglas Street, STOP 1580, Omaha, NE 68179.

FOR FURTHER INFORMATION CONTACT: Eric Davis (202) 565-1608. [Assistance 
for the hearing impaired is available through Federal Information Relay 
Service (FIRS) at 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 [email protected]; 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: September 15, 2005.

    By the Board, Chairman Nober, Vice Chairman Buttrey, and 
Commissioner Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. 05-18841 Filed 9-21-05; 8:45 am]
BILLING CODE 4915-01-P
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