[Federal Register Volume 68, Number 103 (Thursday, May 29, 2003)]
[Notices]
[Page 32167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13241]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34353]


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 overhead trackage rights to Union Pacific Railroad 
Company (UP) over a BNSF line of railroad between BNSF milepost 42.9 
near Paola, KS, and BNSF milepost 633.0 near Joe Jct., TX,\1\ a 
distance of approximately 428.2 miles.\2\
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    \1\ On May 9, 2003, UP and BNSF filed a petition for partial 
revocation of this class exemption in STB Finance Docket No. 34353 
(Sub-No. 1), Union Pacific Railroad Company--Trackage Rights 
Exemption--The Burlington Northern and Santa Fe Railway Company, 
wherein UP and BNSF request that the Board permit the proposed 
overhead trackage rights arrangement described in the present 
proceeding to: (1) become effective on May 16, 2003, and expire on 
or about June 22, 2003, for northbound trains; and (2) become 
effective on August 4, 2003, and expire on or about October 16, 
2003, for southbound trains. That petition will be addressed by the 
Board in a separate decision.
    \2\ UP indicates that the milepost designations of the end 
points do not reflect the actual length of the trackage rights 
segment, because the trackage includes portions of BNSF subdivisions 
that have noncontiguous designations.
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    The transaction was scheduled to be consummated on May 16, 2003.
    The purpose of the trackage rights is to permit UP to use the BNSF 
trackage when UP's trackage is out of service for scheduled 
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 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. 34353 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 Robert T. Opal, 1416 Dodge 
Street, Room 830, Omaha, NE 68179.
    Board decisions and notices are available on our website at http://www.stb.dot.gov.

    Decided: May 21, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-13241 Filed 5-28-03; 8:45 am]
BILLING CODE 4915-00-P