[Federal Register Volume 69, Number 69 (Friday, April 9, 2004)]
[Notices]
[Page 18998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8083]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34458]


The Kansas City Southern Railway Company--Trackage Rights 
Exemption--The Burlington Northern and Santa Fe Railway Company

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
agreed to grant non-exclusive overhead trackage rights to the Kansas 
City Southern Railway Company (KCS) over a portion of BNSF's railroad, 
on BNSF's Fort Worth subdivision between milepost 386.80 near Metro 
Junction, Denton County, TX, and BNSF's Red Rock subdivision milepost 
479.81 near Davis, Murray County, OK, a total distance of approximately 
93.01 miles.
    The transaction was scheduled to be consummated on or after March 
29, 2004, the effective date of the exemption (7 days after the notice 
was filed).
    The purpose of the trackage rights is to allow KCS to handle its 
own non-revenue, company material ballast trains, using its own power 
and crews, over the subject trackage to and from the ballast facility 
operated by Martin Marietta near Davis. The trackage rights are 
overhead rights only and KCS has no right to: (1) Set out, pick up or 
store cars, or switch upon the subject trackage, or any part thereof, 
except as necessary for handling equipment that is bad ordered en 
route; (2) handle any traffic other than KCS company material ballast 
trains; (3) serve any industry, team or house track now existing or 
constructed in the future along the subject trackage; or (4) permit or 
admit any third party to the use of all or any portion of the subject 
trackage.
    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 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. 34458, 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 A. Mullins, Baker & 
Miller PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 
20037.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: April 2, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-8083 Filed 4-8-04; 8:45 am]
BILLING CODE 4915-01-P