[Federal Register Volume 69, Number 155 (Thursday, August 12, 2004)]
[Notices]
[Page 49946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18447]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34526]


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

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
agreed to a modified trackage rights agreement governing Union Pacific 
Railroad Company's (UP) \1\ overhead trackage rights over a BNSF line 
of railroad between BNSF milepost 1406.3 near Dover, ID, and BNSF 
milepost 1402.41 near Sandpoint, ID, including to ES 49+88.2, a total 
distance of approximately 5.24 miles.\2\ The modified agreement will 
change the compensation and maintenance terms of an existing 1992 
Agreement.
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    \1\ UP submitted, as Exhibit 2 to the notice of exemption, a 
draft agreement. On August 5, 2004, UP filed a copy of the final 
agreement, dated July 30, 2004, as executed by the parties.
    \2\ The trackage rights were originally exempted in Union 
Pacific Railroad Company and Burlington Northern Railroad Company--
Joint Relocation Project Exemption, Finance Docket No. 32081 (ICC 
served July 2, 1992).
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    The transaction was scheduled to be consummated on July 30, 2004.
    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. 34526, 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 Robert T. Opal, General 
Commerce Counsel, 1400 Douglas Street, Stop 1580, Omaha, NE 68179.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 6, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-18447 Filed 8-11-04; 8:45 am]
BILLING CODE 4915-01-P