BNSF Railway Company-Trackage Rights Exemption-Union Pacific Railroad Company, 17283 [05-6456]
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Federal Register / Vol. 70, No. 64 / Tuesday, April 5, 2005 / Notices
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Surface Transportation Board
[STB Finance Docket No. 34674]
[STB Docket No. AB–927X]
BNSF Railway Company—Trackage
Rights Exemption—Union Pacific
Railroad Company
Boot Hill & Western Railway Co., L.C.—
Abandonment Exemption—in Ford
County, KS
Union Pacific Railroad Company (UP)
has agreed to grant certain trackage
rights to BNSF Railway Company
(BNSF) over UP’s line of railroad
between BNSF South Junction, TX
(milepost 656.2), extending to Tower 55
in Fort Worth, TX, in the vicinity of
UP’s milepost 754.4, a total distance of
approximately 98.2 miles.
The transaction was scheduled to be
consummated on the March 24, 2005
effective date of the exemption.
The purpose of the trackage rights is
to allow BNSF and UP to share each
other’s tracks and implement directional
operations by funding certain track and
signal improvements.
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. 34674, must be filed with
the Surface Transportation Board, 1925
K Street, NW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on Michael E.
Roper, BNSF Railway Company, P.O.
Box 961039, Fort Worth, TX 76161–
0039.
Board decisions and notices are
available on our Web site at
www.stb.doc.gov..
Boot Hill & Western Railway Co., L.C.
(BHWR), has filed a notice of exemption
under 49 CFR part 1152 Subpart F—
Exempt Abandonments to abandon a
15.8-mile line of railroad between
milepost 0.0, at Bucklin, and milepost
15.8, at Wilroads, in Ford County, KS.
The line traverses United States Postal
Service Zip Codes 67834, 67842, 67801,
and 67843.
BHWR has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) no overhead traffic has
moved over the line for at least 2 years;
(3) no formal complaint filed by a user
of rail service on the line (or by a state
or local government entity acting on
behalf of such user) regarding cessation
of service over the line either is pending
with the Surface Transportation Board
or with any U.S. District Court or has
been decided in favor of complainant
within the 2-year period; and (4) the
requirements at 49 CFR 1105.7
(environmental reports), 49 CFR 1105.8
(historic reports), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line R. Co.—
Abandonment—Goshen, 360 I.C.C. 91
(1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received, this
exemption will be effective on May 5,
2005, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,1
formal expressions of intent to file an
Decided: March 28, 2005.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05–6456 Filed 4–4–05; 8:45 am]
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Section of
Environmental Analysis (SEA) in its independent
investigation) cannot be made before the
exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any
request for a stay should be filed as soon as possible
so that the Board may take appropriate action before
the exemption’s effective date.
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17283
OFA under 49 CFR 1152.27(c)(2),2 and
trail use/rail banking requests under 49
CFR 1152.29 must be filed by April 15,
2005. Petitions to reopen or requests for
public use conditions under 49 CFR
1152.28 must be filed by April 25, 2005,
with: Surface Transportation Board,
1925 K Street, NW., Washington, DC
20423–0001.
A copy of any petition filed with the
Board should be sent to BHWR’s
representative: Karl Morell, Ball Janik
LLP, 1455 F St., NW., Suite 225,
Washington, DC 20005.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
BHWR has filed environmental and
historic reports which address the
effects, if any, of the abandonment on
the environment and historic resources.
SEA will issue an environmental
assessment (EA) by April 8, 2005.
Interested persons may obtain a copy of
the EA by writing to SEA (Room 500,
Surface Transportation Board,
Washington, DC 20423–0001) or by
calling SEA, at (202) 565–1539.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.] Comments on
environmental and historic preservation
matters must be filed within 15 days
after the EA becomes available to the
public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), BHWR shall file a notice
of consummation with the Board to
signify that it has exercised the
authority granted and fully abandoned
the line. If consummation has not been
effected by BHWR’s filing of a notice of
consummation by April 5, 2006, and
there are no legal or regulatory barriers
to consummation, the authority to
abandon will automatically expire.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: March 29, 2005.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05–6587 Filed 4–4–05; 8:45 am]
BILLING CODE 4915–01–U
2 Each OFA must be accompanied by the filing
fee, which currently is set at $1,200. See 49 CFR
1002.2(f)(25).
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[Federal Register Volume 70, Number 64 (Tuesday, April 5, 2005)]
[Notices]
[Page 17283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6456]
[[Page 17283]]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34674]
BNSF Railway Company--Trackage Rights Exemption--Union Pacific
Railroad Company
Union Pacific Railroad Company (UP) has agreed to grant certain
trackage rights to BNSF Railway Company (BNSF) over UP's line of
railroad between BNSF South Junction, TX (milepost 656.2), extending to
Tower 55 in Fort Worth, TX, in the vicinity of UP's milepost 754.4, a
total distance of approximately 98.2 miles.
The transaction was scheduled to be consummated on the March 24,
2005 effective date of the exemption.
The purpose of the trackage rights is to allow BNSF and UP to share
each other's tracks and implement directional operations by funding
certain track and signal improvements.
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. 34674, must be filed with the Surface Transportation
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on Michael E. Roper, BNSF Railway
Company, P.O. Box 961039, Fort Worth, TX 76161-0039.
Board decisions and notices are available on our Web site at
www.stb.doc.gov..
Decided: March 28, 2005.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-6456 Filed 4-4-05; 8:45 am]
BILLING CODE 4915-01-P
