[Federal Register Volume 64, Number 28 (Thursday, February 11, 1999)]
[Notices]
[Pages 6937-6938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3265]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33712]


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 from milepost 885.2 at Kern Junction 
to milepost 1120.7 at Stockton Tower, a distance of 235.5 miles in the 
State of California.1
---------------------------------------------------------------------------

    \1\ On February 1, 1999, UP filed a petition for exemption in 
STB Finance Docket No. 33712 (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 March 31, 1999. That petition will 
be addressed by the Board in a separate decision.
---------------------------------------------------------------------------

    The transaction is scheduled to be consummated on or shortly after 
February 8, 1999.
    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 
maintenance.2
---------------------------------------------------------------------------

    \2\ UP and BNSF own and operate separate lines of railroad which 
are essentially parallel between Kern Junction and Stockton Tower.
---------------------------------------------------------------------------

    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. 33712, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423-

[[Page 6938]]

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 
``WWW.STB.DOT.GOV.''

    Decided: February 4, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-3265 Filed 2-10-99; 8:45 am]
BILLING CODE 4915-00-P