[Federal Register Volume 68, Number 48 (Wednesday, March 12, 2003)]
[Notices]
[Page 11901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5893]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34316]


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

    Union Pacific Railroad Company (UP) has agreed to grant overhead 
trackage rights to The Burlington Northern and Santa Fe Railway Company 
(BNSF) over UP's Port Lavaca Subdivision extending from milepost 14.2 
in Placedo, TX, to milepost 6.95 in Kamey, TX, a distance of 
approximately 7.25 miles. The purpose of the trackage rights is to 
allow BNSF access to the rail line it is constructing between Kamey and 
Seadrift, TX.\1\ In addition, UP has agreed to grant BNSF temporary 
trackage rights \2\ on UP's Port Lavaca Subdivision from UP milepost 
15.4 to UP milepost 14.2 and from UP milepost 6.0 to UP milepost 6.95.
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    \1\ BSNF was granted authority to construct and operate this 
railroad line in The Burlington Northern and Santa Fe Railway 
Company-Construction and Operation Exemption-Seadrift and Kamey, TX, 
STB Finance Docket No. 34003 (STB served Jan. 25, 2002).
    \2\ On February 28, 2003, BNSF filed a petition for exemption in 
STB Finance Docket No. 34316 (Sub-No. 1), The Burlington Northern 
and Santa Fe Railway Company--Trackage Rights Exemption-Union 
Pacific Railroad Company, wherein BNSF requests that the Board 
permit the proposed temporary trackage rights arrangement described 
in this notice to expire upon completion of the construction of its 
rail line. That petition will be addressed by the Board in a 
separate decision.
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    The transaction is scheduled to be consummated on or after February 
27, 2003, 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 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. 34316, must be filed with the Surface Transportation Board, 
1925 K Street NW., Washington, DC 20423-0001. In addition, one copy of 
each pleading must be served on Sarah W. Bailiff, Senior General 
Attorney, The Burlington Northern and Santa Fe Railway Company, P.O. 
Box 961039, Fort Worth, TX 76161-0039.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: March 6, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-5893 Filed 3-11-03; 8:45 am]
BILLING CODE 4915-00-P