[Federal Register Volume 69, Number 194 (Thursday, October 7, 2004)]
[Notices]
[Page 60221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22451]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34554]


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), 
pursuant to a written trackage rights agreement entered into between 
BNSF and Union Pacific Railroad Company (UP), has agreed to grant local 
trackage rights to UP \1\ over a BNSF line of railroad extending from 
BNSF milepost 579.3 near Mill Creek, OK, to BNSF milepost 631.1 near 
Joe Junction, TX, a distance of approximately 51 miles.\2\
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    \1\ The trackage rights are only temporary rights, but, because 
they are ``local'' rather than ``overhead'' rights, they do not 
qualify for the Board's class exemption for temporary trackage 
rights at 49 CFR 1180.2(d)(8). See Railroad Consolidation 
Procedures--Exemption for Temporary Trackage Rights, STB Ex Parte 
No. 282 (Sub-No. 20) (STB served May 23, 2003). Therefore, UP has 
concurrently filed a petition for partial revocation of this 
exemption in STB Finance Docket No. 34554 (Sub-No. 1), Union Pacific 
Railroad Company--Temporary Trackage Rights Exemption--The 
Burlington Northern and Santa Fe Railway Company, wherein UP 
requests that the Board permit the proposed local trackage rights 
arrangement described in this notice to expire on or about December 
31, 2004. That petition will be addressed by the Board in a separate 
decision.
    \2\ The trackage rights involve BNSF subdivisions with non-
contiguous mileposts. Therefore, total mileage does not correspond 
to the milepost designations of the endpoints.
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    The transaction was scheduled to be consummated on September 24, 
2004.
    The purpose of the trackage rights is to permit UP to move loaded 
and empty ballast trains for use in its maintenance-of-way projects.
    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. 34554 must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Robert T. Opal, 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: September 29, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-22451 Filed 10-6-04; 8:45 am]
BILLING CODE 4915-01-P