[Federal Register Volume 68, Number 94 (Thursday, May 15, 2003)]
[Notices]
[Page 26378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12000]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34345]


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

    Union Pacific Railroad Company (UP) has agreed to grant limited 
overhead trackage rights to The Burlington Northern and Santa Fe 
Railway Company (BNSF)\1\ over UP lines between Port Chicago, CA, at 
milepost 41.3 on UP's Tracy Subdivision, and Stege, CA, at milepost 9.3 
on UP's Martinez Subdivision, a distance of approximately 28.7 miles--
6.3 on the Tracy Subdivision and 22.4 miles on the Martinez 
Subdivision.
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    \1\ On May 6, 2003, BNSF filed a petition for termination of 
this trackage rights exemption in Burlington Northern and Santa Fe 
Railway Company-Trackage Rights Exemption-Union Pacific Railroad 
Company, STB Finance Docket No. 34345 (Sub-No. 1), wherein BNSF 
requests that the Board permit the proposed overhead trackage rights 
arrangement described in the present proceeding to expire on or 
about May 22, 2003. That petition will be addressed by the Board in 
a separate decision.
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    The transaction was scheduled to be consummated on May 2, 2003. The 
purpose of the trackage rights is to allow BNSF to bridge its train 
service while BNSF's main line is out of service due to maintenance.
    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. 34345, 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 Michael E. Roper, 2500 Lou Menk 
Drive, PO Box 961039, Fort Worth, TX 76161-0039.
    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: May 7, 2003.
Vernon A. Williams,
Secretary.
[FR Doc. 03-12000 Filed 5-14-03; 8:45 am]
BILLING CODE 4915-00-P