[Federal Register Volume 69, Number 104 (Friday, May 28, 2004)]
[Notices]
[Page 30746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12125]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34507]


The Burlington Northern and Santa Fe Railway Company--Temporary 
Trackage Rights Exemption--Norfolk Southern Railway Company

    Norfolk Southern Railway Company (NSR) has agreed to grant 
temporary overhead trackage rights to The Burlington Northern and Santa 
Fe Railway Company (BNSF) over NSR's Kansas City District between NSR 
milepost S241.9 at CA Junction, MO, and NSR milepost S250.6 at Maxwell, 
MO, a distance of approximately 8.7 miles.
    The transaction is scheduled to be consummated on May 30, 2004, and 
the temporary trackage rights will expire on June 1, 2004. The purpose 
of the temporary rights is to facilitate maintenance work on BNSF 
lines.
    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, 363 F.3d 465 (D.C. 
Cir. 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. 34507, 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, The 
Burlington Northern and Santa Fe Railway Company, 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: May 24, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-12125 Filed 5-27-04; 8:45 am]
BILLING CODE 4915-01-P