[Federal Register Volume 63, Number 201 (Monday, October 19, 1998)]
[Notices]
[Pages 55916-55917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27867]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33663]


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

    Union Pacific Railroad Company (UP) has agreed to grant overhead 
trackage rights to The Burlington Northern and Santa Fe Railway Company 
(BNSF) between Beaumont, TX, in the vicinity of UP's milepost 30.17 and 
West Port Arthur, TX, in the vicinity of UP's milepost 12.7 (Sabine 
Branch); between West Port Arthur, TX, in the vicinity of UP's milepost 
0.00 (Sabine Branch milepost 12.7) and Port Arthur, in the vicinity of 
UP's milepost 3.21 (Port Arthur Lead); and between Chaison Jct., TX, in 
the vicinity of milepost 0.0 (Sabine Branch milepost 26.1) and Chaison, 
TX, in the vicinity of UP's milepost 3.3 (Chaison Spur), for a total 
distance of 10.58 miles.
    The transaction was expected to be consummated on or after October 
6, 1998.1
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    \1\ Under 49 CFR 1180.4(g)(1), a trackage rights exemption is 
effective 7 days after the notice is filed. Although applicant 
indicated that the proposed transaction would be consummated on 
October 1, 1998, the notice was not filed until September 29, 1998, 
and thus the proposed transaction could not be consummated before 
the October 6, 1998 effective date. BNSF's representative has 
acknowledged by telephone that the transaction may not be 
consummated prior to October 6, 1998.
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    The purpose of the overhead trackage rights is to obtain 
competitive access to additional industries.
    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

[[Page 55917]]

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. 33663, 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 Yolanda M. Grimes, The Burlington Northern and Santa Fe 
Railway Company, P. O. Box 961039, Fort Worth, TX 76161-0039.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: October 9, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-27867 Filed 10-16-98; 8:45 am]
BILLING CODE 4915-00-P