[Federal Register Volume 67, Number 68 (Tuesday, April 9, 2002)]
[Notices]
[Page 17117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8305]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34184]


The Burlington Northern and Santa Fe Railway Company-Trackage 
Rights Exemption-Southern Gulf Railway Company

    Southern Gulf Railway Company (SGR), pursuant to a written trackage 
rights agreement entered into between SGR and The Burlington Northern 
and Santa Fe Railway Company (BNSF), has agreed to grant limited, 
nonexclusive overhead trackage rights to BNSF over SGR's rail line 
between SGR milepost 0.0 and SGR milepost 4.28, a distance of 
approximately 4.28 miles, in the vicinity of Sulphur, LA, for the 
purpose of serving the Roy S. Nelson Generating Station (Plant) of 
Entergy Gulf States, Inc. BNSF will operate its own trains with its own 
crews over SGR's line under the trackage rights agreement.\1\
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    \1\ Pursuant to 49 CFR 1180.4(g), a railroad must file a 
verified notice with the Board at least 7 days before the trackage 
rights are to be consummated. In its verified notice, BNSF indicates 
that it has been providing service to the Plant pursuant to the 
trackage rights agreement dated February 17, 2000, prior to the 
filing of its verified notice of exemption. BNSF, states that, due 
to an oversight, it did not file its exemption with the Board until 
March 20, 2002.
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    Operations under the exemption were scheduled to begin on March 27, 
2002, the effective date of the exemption (7 days after the notice was 
filed).
    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 the notice 
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. 34184, 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 Michael E. Roper, 2500 Lou Menk Drive, P.O. Box 961039, Fort 
Worth, TX 76161-0039.
    Board decisions and notices are available on our website at 
WWW.STB.DOT.GOV.''

    Decided: April 1, 2002.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-8305 Filed 4-8-02; 8:45 am]
BILLING CODE 4915-00-P