[Federal Register Volume 69, Number 80 (Monday, April 26, 2004)]
[Notices]
[Page 22594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9253]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34494]


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

    Union Pacific Railroad Company (UP) has agreed to grant temporary 
overhead trackage rights to The Burlington Northern and Santa Fe 
Railway Company (BNSF) over UP's Falls City Subdivision between Kansas 
City, MO, and Falls City, NE., a distance of approximately 98 miles.
    The transaction was scheduled to be consummated on April 14, 2004, 
and the authorization is expected to expire on or about May 14, 2004. 
The purpose of the temporary trackage rights is to allow BNSF to bridge 
its train service while its main lines are out-of-service due to 
certain programmed maintenance.
    As a condition to this exemption, any employee affected by the 
acquisition of 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), and, in accordance with the 
decision of the United States Court of Appeals for the District of 
Columbia Circuit in United Transportation Union--General Committee of 
Adjustment (GO-386) v. Surface Transportation Board, No. 03-1212, 2004 
U.S. App. LEXIS 6496 (D.C. Cir. Apr. 6, 2004), any employee affected by 
the discontinuance of those trackage rights will be protected by the 
conditions set out in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    This notice is filed under 49 CFR 1180.2(d)(8). 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. 34494, 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 Michael E. Roper, P.O. Box 
961039, Fort Worth, TX 76161-0039.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: April 19, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-9253 Filed 4-23-04; 8:45 am]
BILLING CODE 4915-01-P