[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Notices]
[Pages 50833-50834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21298]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34388]


Union Pacific Railroad Company--Trackage Rights Exemption--Omaha 
Public Power District

    Pursuant to a trackage rights agreement dated July 25, 2003,\1\ 
between Union Pacific Railroad Company (UP)

[[Page 50834]]

and Omaha Public Power District (OPPD), OPPD has agreed to grant to UP 
local trackage rights on OPPD's entire line of railroad between 
milepost 6.0 near Arbor, NE, and milepost 56.3 near College View, NE, a 
distance of approximately 56.65 miles.\2\
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    \1\ A redacted version of the trackage rights agreement between 
UP and OPPD was filed with the notice of exemption. The full version 
of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was 
concurrently filed under seal along with a motion for protective 
order. A protective order was served on August 14, 2003.
    \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 rights segment includes two line 
segments with noncontiguous mileposts; a 5.3-mile segment from 
milepost 6.0 near Arbor to milepost 0.7 near Nebraska City, and a 
connecting 51.35-mile segment from milepost 4.95 near Nebraska City 
to milepost 56.3 near College View.
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    The transaction is scheduled to be consummated on January 1, 2004.
    The purpose of the trackage rights is to permit UP to provide 
service to OPPD's Nebraska City Power Station and to other shippers 
located along the rail line.
    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. 34388, 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 Robert T. Opal, General 
Commerce Counsel, 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: August 14, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-21298 Filed 8-21-03; 8:45 am]
BILLING CODE 4915-00-P