[Federal Register Volume 68, Number 85 (Friday, May 2, 2003)]
[Notices]
[Page 23522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10874]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34333]


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 temporary overhead trackage rights to Union Pacific 
Railroad Company (UP) over BNSF's rail lines between BNSF milepost 
141.7 near Rockview, MO, and BNSF milepost 422.2 near Jonesboro, AR, a 
distance of approximately 181.6 miles.\1\
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    \1\ The milepost numbers do not reflect the actual length of the 
BNSF line segment, because the trackage includes portions of two 
BNSF subdivisions that have noncontiguous milepost designations.
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    The parties intended to consummate the transaction on April 16, 
2003; however, the earliest the transaction could have been consummated 
was April 21, 2003, the effective date of the exemption.\2\ The 
temporary trackage rights will allow UP to facilitate maintenance work 
on its lines.\3\
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    \2\ Under 49 CFR 1180.4(g), a railroad must file a verified 
notice of the transaction with the Board at least one week in 
advance of consummation, in order to qualify for an exemption under 
49 CFR 1180.2(d). In this case, the verified notice was filed on 
April 14, 2003. By letter dated April 17, 2003, counsel for UP 
acknowledged that the transaction could not be consummated until 
April 21, 2003.
    \3\ On April 14, 2003, UP concurrently filed a petition for 
partial revocation of the trackage rights class exemption in STB 
Finance Docket No. 34333 (Sub-No. 1), Union Pacific Railroad 
Company--Trackage Rights Exemption--The Burlington Northern and 
Santa Fe Railway Company. In its petition, UP requests that the 
Board permit the proposed overhead trackage rights arrangement 
described in this notice to expire on or about May 10, 2003, when 
maintenance work is scheduled to be completed. The petition for 
partial revocation will be addressed by the Board in a separate 
decision.
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    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 Docket 
No. 34333, 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 T. Christopher Lewis, 1416 Dodge Street, 
Room 830, Omaha, NE 68179.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 25, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-10874 Filed 5-1-03; 8:45 am]
BILLING CODE 4915-01-P