[Federal Register Volume 68, Number 178 (Monday, September 15, 2003)]
[Notices]
[Pages 54047-54048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23422]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34393]


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

    Union Pacific Railroad Company (UP), pursuant to a written trackage 
rights agreement entered into between UP and The Burlington Northern 
and Santa Fe Railway Company (BNSF), has agreed to grant certain 
trackage rights to BNSF on UP's Corpus Christi Subdivision in and near 
San Antonio, TX, between milepost 3.14 and a point to be determined by 
mutual written agreement (existing trackage); on new trackage to be 
constructed by UP between UP's Corpus Christi Subdivision and a point 
on the western side of Leon Creek for the purpose of serving a new 
automotive manufacturing plant (Toyota Plant) and associated facilities 
for the benefit of Toyota Motor Sales, USA, Inc. (TMS), and TMS 
affiliated companies, as defined in the agreement, near San Antonio, 
Bexar County, TX (new trackage); and along certain properties needed by 
BNSF to construct certain connections, sidings and capacity 
improvements to the described Corpus Christi Subdivision (those 
properties, the existing trackage, and the new trackage are 
collectively referred to as joint trackage). The total distance over 
the existing trackage and the new trackage, depending on the final 
design and construction, will be approximately 5 to 10 miles. BNSF will 
operate its own trains with its own crews over UP's line under the 
trackage rights agreement.
    The transaction was scheduled to be consummated on September 5, 
2003, and operations will begin upon completion of the new trackage 
line.
    The purpose of the trackage rights is to allow BNSF to provide 
competitive rail service to the Toyota Plant and other facilities 
described in the trackage rights agreement.
    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

[[Page 54048]]

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. 34393 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 Sarah W. Bailiff, 2500 Lou Menk 
Drive, P. O. Box 961039, Fort Worth, TX 76161-0039.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: September 9, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-23422 Filed 9-12-03; 8:45 am]
BILLING CODE 4915-00-P