[Federal Register Volume 67, Number 223 (Tuesday, November 19, 2002)]
[Notices]
[Pages 69810-69811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29194]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34275]


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

    Pursuant to a written trackage rights and joint ownership agreement 
dated April 5, 2002, The Burlington Northern and Santa Fe Railway 
Company (BNSF) has agreed to grant limited overhead trackage rights to 
Union Pacific Railroad Company (UP) between BNSF milepost 3.3x near 
Argo, WA, and BNSF milepost 9.5x near Black River, WA, a distance of 
6.2 miles, and UP has agreed to grant limited overhead trackage rights 
to BNSF between UP milepost 176.4 near Rhodes, WA, and UP milepost 
173.1 near Black River, WA, a distance of 3.3 miles.\1\
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    \1\ The notice refers to an exchange of ``temporary'' overhead 
trackage rights in connection with a ``joint relocation project.'' 
The transaction appears to be an exchange of trackage rights for a 
term of 40 years and has been processed as such. In the future, if 
circumstances warrant, BNSF and UP may need to seek approval to 
discontinue the trackage rights.
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    The parties state that consummation of the transaction was 
scheduled to occur immediately upon the November 6, 2002 effective date 
of the exemption (7 days after the exemption was filed) and that 
operations under the exemption were scheduled to begin on or after 
November 7, 2002.
    The purpose of the trackage rights is to allow the phase-in of 
commuter rail enhancements to accommodate the Central Puget Sound 
Regional Transit Authority's commuter operations between Seattle and 
Tacoma, WA.
    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

[[Page 69811]]

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 exemption.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34275, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Sarah W. Bailiff, The 
Burlington Northern and Santa Fe Railway Company, 2500 Lou Menk Drive, 
P.O. Box 961039, Fort Worth, TX 76161-0039, and Robert T. Opal, Union 
Pacific Railroad Company, 1416 Dodge Street, Omaha, NE 68179.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: November 12, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-29194 Filed 11-18-02; 8:45 am]
BILLING CODE 4915-00-P