[Federal Register Volume 69, Number 8 (Tuesday, January 13, 2004)]
[Notices]
[Page 2043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-686]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34452]


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

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
agreed to grant temporary overhead trackage rights to Union Pacific 
Railroad Company (UP) over BNSF's rail line between BNSF milepost 0.0 
at Klamath Falls, OR, and BNSF milepost 203.0 at Keddie, CA, a distance 
of approximately 203 miles.
    The transaction was scheduled to be consummated on January 11, 
2004, and the authorization is scheduled to expire on or about March 1, 
2004. The purpose of the temporary trackage rights is to facilitate 
maintenance work on UP lines.
    As a condition to this exemption, any employees affected by the 
temporary 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), 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).\1\ 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.
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    \1\ UP originally filed the instant notice of exemption under 49 
CFR 1180.2(d)(7), and also filed a petition for partial revocation 
of the trackage rights. UP amended its notice in a letter dated 
January 5, 2004, because the proposed transaction qualifies for the 
new class exemption adopted by the Board in Railroad Consolidation 
Procedures--Exemption for Temporary Trackage Rights, STB Ex Parte 
No. 282 (Sub-No. 20) (STB served May 23, 2003).
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    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34452, 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 William G. Barr, 1416 Dodge 
Street, Room 830, Omaha, NE. 68179.
    Board decisions and notices are available on the Board's Web site 
at http://www.stb.dot.gov.

    Decided: January 6, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-686 Filed 1-12-04; 8:45 am]
BILLING CODE 4915-00-P