[Federal Register Volume 63, Number 189 (Wednesday, September 30, 1998)]
[Pages 52315-52316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26027]



Surface Transportation Board
[STB Finance Docket No. 33657]

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 BNSF's rail line between milepost 618.0 at Pueblo, 
CO, and milepost 170 at Peabody, KS, a distance of 448 miles, for the 
period September 10, 1998, through December 31, 1998.1

    \1\ On September 3, 1998, UP filed a petition for exemption in 
STB Finance Docket No. 33657 (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 proposed overhead trackage rights arrangement described in the 
present proceeding to expire on December 31, 1998. That petition 
will be addressed by the Board in a separate decision.

    The transaction was scheduled to be consummated on or shortly after 
September 10, 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 
    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. 33657, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, one copy of each pleading must 
be served on Joseph D. Anthofer, Esq., 1416 Dodge Street, #830, Omaha, 
NE 68179.
    Board decisions and notices are available on our website at 

    Decided: September 23, 1998.

[[Page 52316]]

    By the Board, David M. Konschnik, Director, Office of 
Vernon A. Williams,
[FR Doc. 98-26027 Filed 9-29-98; 8:45 am]