[Federal Register Volume 66, Number 196 (Wednesday, October 10, 2001)]
[Notices]
[Page 51737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25236]



[[Page 51737]]

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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34102]


Bad Water Railway LLC--Trackage Rights Exemption--The Burlington 
Northern and Santa Fe Railway Company

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
agreed to grant local trackage rights\1\ to Bad Water Railway LLC (BDW) 
over BNSF's rail line located between BNSF milepost 303.6 near 
Shoshoni, WY, and milepost 282.5 at Lysite, WY, a distance of 
approximately 21.1 miles.
---------------------------------------------------------------------------

    \1\ The trackage rights agreement is a supplemental agreement to 
the original agreement dated February 7, 1997, between BNSF and BDW. 
See Bad Water Line--Trackage Rights Exemption--The Burlington 
Northern and Santa Fe Railway Company, STB Finance Docket No. 33636 
(STB served July 31, 1998) (BDW 1998 Decision).
---------------------------------------------------------------------------

    The transaction was scheduled to be consummated on or after 
September 27, 2001, the effective date of the exemption (7 days after 
the notice was filed).\2\
---------------------------------------------------------------------------

    \2\ Counsel for BDW was contacted by telephone and acknowledged 
that the transaction could not be consummated until September 27, 
2001. In a letter dated September 26, 2001, BDW states that it 
anticipates that it will exercise the above-described trackage 
rights by August 2002.
---------------------------------------------------------------------------

    The purpose of the trackage rights is to permit BDW to move trains, 
locomotives, cabooses and cars with its own officers, agents, employees 
and contractors, and equipment in its account, over the joint trackage 
between points on its existing line and interchange with BNSF near 
Shoshoni, WY, and to provide rail service to the Lost Cabin Gas Plant 
near Lysite.
    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).\*\
---------------------------------------------------------------------------

    \*\ In its Verified Notice of Exemption, BDW states that, 
``[p]ursuant to 49 U.S.C. Sec. 11326(a), labor protection conditions 
are not applicable to the subject transaction.'' BDW, however, has 
misinterpreted our statute. Accordingly, labor protection conditions 
are imposed for this transaction as were similarly imposed for the 
prior related transaction in BDW 1998 decision.
---------------------------------------------------------------------------

    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. 34102, 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 Clifford Root, 642 South Federal Blvd., Riverton, WY 
82501.
    Board decisions and notices are available on our website at 
www.stb.dot.gov.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
    Decided: October 1, 2001.
Vernon A. Williams,
Secretary.
[FR Doc. 01-25236 Filed 10-9-01; 8:45 am]
BILLING CODE 4915-00-P