[Federal Register Volume 68, Number 144 (Monday, July 28, 2003)]
[Notices]
[Page 44384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18974]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34378]


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

    Union Pacific Railroad Company (UP) has agreed to grant temporary 
overhead trackage rights to The Burlington Northern and Santa Fe 
Railway Company (BNSF) on UP's Black Butte and Valley Subdivisions, 
between Klamath Falls, OR, at UP milepost 428.7, and Binney Junction 
(Marysville), CA, at UP milepost 141.9, a distance of approximately 285 
miles.\1\
---------------------------------------------------------------------------

    \1\ By amendment received on July 16, 2003, BNSF states that the 
reason there is a 1.8-mile difference between the milepost locations 
and the actual distance is that the railroad uses station mileposts 
to determine mileage. BNSF indicates that there frequently is a 
small distance between the station milepost and the actual location 
of the switch where the railroad enters or departs its trackage.
---------------------------------------------------------------------------

    The transaction was scheduled to become effective on July 16, 2003, 
and the authorization is scheduled to expire on August 15, 2003. The 
purpose of the temporary rights is to allow BNSF to bridge its train 
service while its main lines are out of service due to certain 
programmed track, roadbed, and structural 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 by Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980), aff'd sub nom. Railway Labor Executives' Ass'n v. United 
States, 675 F.2d 1248 (D.C. Cir. 1982).
    This notice is filed under 49 CFR 1180.2(d)(8). 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 stay 
the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34378, 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, P.O. Box 961039, Fort Worth, TX 76161-0039.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: July 18, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-18974 Filed 7-25-03; 8:45 am]
BILLING CODE 4915-00-P