[Federal Register Volume 68, Number 212 (Monday, November 3, 2003)]
[Notices]
[Pages 62347-62348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27357]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34417]


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

    The Burlington Northern and Santa Fe Railway Company (BNSF), 
pursuant to a written trackage rights agreement entered into between 
BNSF and Union Pacific Railroad Company (UP), has agreed to grant local 
trackage rights to UP over a BNSF line of railroad between BNSF 
milepost 114.5 and BNSF milepost 117.0 near Endicott, NE, a distance of 
approximately 2.5-miles.\1\
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    \1\ UP submits that the trackage rights are only temporary 
rights, but, because they are ``local'' rather than ``overhead'' 
rights, the do not qualify for the Board's new class exemption for 
temporary trackage rights at 49 CFR 1180.2(d)(8). See Railroad 
Consolidation Procedures--Exemption for Temporary Trackage Rights, 
STB Ex Parte No. 282 (Sub-No. 20) (STB served May 23, 2003). 
Therefore, UP and BNSF concurrently have filed a petition for 
partial revocation of this exemption in STB Finance Docket No. 34417 
(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 local 
trackage rights arrangement described in the present proceeding to 
expire on October 15, 2004. That petition will be addressed by the 
Board in a separate decision.
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    Although UP indicates that the transaction was scheduled to be 
consummated on October 20, 2003, the earliest the transaction could be

[[Page 62348]]

consummated was October 21, 2003 (7 days after the filing of the 
notice).
    The purpose of the trackage rights is to permit UP to serve the 
shipper at Endicott until BNSF's trackage can be repaired or other 
arrangements can be made for continued rail service to this shipper, 
following severe washouts on BNSF's line in this area.
    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. 34417 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 Web site at http://www.stb.dot.gov.

    Decided: October 24, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-27357 Filed 10-31-03; 8:45 am]
BILLING CODE 4915-00-P