[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Notices]
[Page 16292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8526]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33572]


Union Pacific Railroad Company--Trackage Rights Exemption--The 
Burlington Northern and Santa Fe Railway Company

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
agreed to grant overhead trackage rights to Union Pacific Railroad 
Company (UP) over two segments of BNSF's line: (1) between Council 
Bluffs, IA, at milepost 483.6 on BNSF's Bayard Subdivision (at a point 
which is equal to milepost 12.8 on BNSF's Omaha Subdivision) and 
Hastings, NE, at milepost 156.5 on BNSF's Hastings Subdivision, a 
distance of approximately 214.6 miles over a segment which extends from 
Council Bluffs through Omaha, NE, Ashland, NE, Lincoln, NE, Crete, NE, 
and Fairmont, NE, to Hastings, for the period March 30, 1998, through 
July 15, 1998; and (2) between Hastings, NE, at milepost 156.5 on 
BNSF's Hastings Subdivison and Northport, NE, at milepost 34.4 on 
BNSF's Angora Subdivision, a distance of approximately 387.7 miles over 
a segment which extends from Hastings though Holdredge, NE, Oxford, NE, 
Culbertson, NE, Wray, CO, East Brush, CO, Sterling, CO, and Sidney, NE, 
to Northport, for the period March 30, 1998, through September 30, 
1998.1
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    \1\ On March 23, 1998, UP filed a petition for exemption in STB 
Finance Docket No. 33572 (Sub-No. 1), Union Pacific Railroad 
Company--Trackage Rights Exemption--The Burlington Northern and 
Santa Fe Railway Company, wherein UP requests that the Board permit 
the overhead trackage rights arrangement described in the present 
proceeding to expire for the portion of track between Council Bluffs 
and Hastings effective July 16, 1998, and to expire for the portion 
of track between Hastings and Northport effective October 1, 1998. 
That petition will be addressed by the Board in a separate decision.
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    The transaction is scheduled to be consummated on or after March 
30, 1998.
    The purpose of the trackage rights is to permit UP to use the BNSF 
trackage when UP's trackage is out of service for scheduled programmed 
track, roadbed and structural maintenance.
    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. 33572, 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 Joseph D. Anthofer, Esq., 1416 Dodge Street, #830, Omaha, NE 
68179.

    Decided: March 25, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-8526 Filed 4-1-98; 8:45 am]
BILLING CODE 4915-00-P