[Federal Register Volume 63, Number 217 (Tuesday, November 10, 1998)]
[Notices]
[Page 63106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30141]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33657 (Sub-No. 1)]


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

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

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SUMMARY: The Board, under 49 U.S.C. 10502, exempts the trackage rights 
described in STB Finance Docket No. 33657 1 to permit the 
trackage rights to expire on December 31, 1998, in accordance with the 
agreement of the parties. 2

    \1\ On September 3, 1998, UP filed a notice of exemption under 
the Board's class exemption procedures at 49 CFR 1180.2(d)(7). The 
notice covered the agreement by The Burlington Northern and Santa Fe 
Railway Company (BNSF) to grant temporary overhead trackage rights 
to UP over approximately 448 miles of BNSF's rail line between 
milepost 618.0 at Pueblo, CO, and milepost 170 at Peabody, KS. See 
Union Pacific Railroad Company--Trackage Rights Exemption--The 
Burlington Northern and Santa Fe Railway Company, STB Finance Docket 
No. 33657 (STB served Sept. 30, 1998). The exemption became 
effective on September 10, 1998, 7 days after the verified notice 
was filed.
    \2\ In the absence of an exemption as being granted here, 
trackage rights normally remain in effect unless discontinuance 
authority or approval of a new agreement is obtained. See Milford--
Bennington Railroad Company, Inc.--Boston and Maine Corporation and 
Springfield Terminal Railway Company, Finance Docket No. 32103 (ICC 
served Sept. 3, 1993).

DATES: This exemption will be effective on December 10, 1998. Petitions 
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to reopen must be filed by November 30, 1998.

ADDRESSES: An original and 10 copies of all pleadings referring to STB 
Finance Docket No. 33657 (Sub-No. 1) must be filed with the Office of 
the Secretary, Surface Transportation Board, Case Control Unit, 1925 K 
Street, NW, Washington, DC 20423-0001. In addition, a copy of all 
pleadings must be served on petitioner's representative Joseph D. 
Anthofer, Esq., 1416 Dodge Street, #830, Omaha, NE 68179.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar (202) 565-1600. [TDD 
for the hearing impaired (202) 565-1695.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. To purchase a copy of the full decision, write to, 
call, or pick up in person from: DC NEWS & DATA, INC., Suite 210, 1925 
K Street, NW, Washington, DC 20006. Telephone: (202) 289-4357. 
[Assistance for the hearing impaired is available through TDD services 
(202) 565-1695.]
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: November 2, 1998.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 98-30141 Filed 11-9-98; 8:45 am]
BILLING CODE 4915-00-P