[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Notices]
[Page 1268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-208]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33700]


The Burlington Northern and Santa Fe Railway Company--Operation 
Exemption--A Line of Railroad Owned by the City of Los Angeles, CA, 
Through Its Board of Harbor Commissioners

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
filed a verified notice of exemption under 49 CFR 1150.31 to operate a 
rail line owned by the City of Los Angeles, CA, through its Board of 
Harbor Commissioners, a noncarrier. The 0.8-mile rail line involved in 
this transaction is located between milepost 17.0 and milepost 17.8, in 
Los Angeles, and will constitute part of the Alameda Rail Corridor 
(Corridor).1
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    \1\ See Alameda Corridor Construction Application, Finance 
Docket No. 32830 (STB served May 13, 1996).
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    The exemption became effective on December 30, 1998, but the 
exempted transaction is not expected to be consummated until 
approximately March 2002.2
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    \2\ In order to comply with the funding requirements for the 
Corridor construction project, applicant states that authorization 
by the Board for these operating rights must be effective by 
December 31, 1998. Applicant notes that the segment of track 
involved in this proceeding is located within the Port of Los 
Angeles and is currently being operated by BNSF and the Union 
Pacific Railroad Company (UP) without prior Board authority pursuant 
to the provisions of 49 U.S.C. 10906. According to applicant, upon 
substantial completion of the Corridor, on or about March 2002, the 
segment of track will become part of the Corridor, and at that time, 
operations over the track that are authorized by this exemption will 
begin.
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    BNSF and the UP will operate the rail line as part of an overall 
coordination of rail operations along the Corridor that will give BNSF 
and UP access to facilities and terminals in the Ports of Los Angeles 
and Long Beach, CA.3 As part of the coordination project, 
BNSF has concurrently filed a verified notice of exemption in STB 
Finance Docket No. 33701, The Burlington Northern and Santa Fe Railway 
Company--Trackage Rights Exemption--Union Pacific Railway Company, to 
acquire overhead trackage rights.
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    \3\ UP has filed a separate notice of exemption to operate the 
line in STB Finance Docket No. 33698, Union Pacific Railroad 
Company--Operation Exemption--A Line of Railroad Owned by the City 
of Los Angeles, CA, Through its Board of Harbor Commissioners.
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    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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. 33700, 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, a copy of each pleading must be 
served on Karl Morell, Esq., Ball Janik LLP, 1455 F Street, N.W., Suite 
225, Washington, DC 20005.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: December 30, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-208 Filed 1-7-99; 8:45 am]
BILLING CODE 4915-00-P