[Federal Register Volume 70, Number 4 (Thursday, January 6, 2005)]
[Notices]
[Page 1283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-254]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34417 (Sub-No. 2)]


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 modified written trackage rights agreement entered into 
between BNSF and Union Pacific Railroad Company (UP), has agreed to 
grant additional local trackage rights to UP \1\ over a BNSF line of 
railroad between BNSF milepost 113.0 and BNSF milepost 117.0 near 
Endicott, NE, a distance of approximately 4.0 miles.\2\
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    \1\ UP submits that the trackage rights being granted here are 
only temporary rights, but, because they are ``local'' rather than 
``overhead'' rights, they do not qualify for the Board's new 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 and BNSF concurrently have filed a petition for 
partial revocation of this exemption in STB Finance Docket No. 34417 
(Sub-No. 3), Union Pacific Railroad Company--Temporary Trackage 
Rights Exemption--The Burlington Northern and Santa Fe Railway 
Company, wherein UP and BNSF request that the Board permit the 
proposed local trackage rights arrangement described in the present 
proceeding to expire on or about May 16, 2005. That petition will be 
addressed by the Board in a separate decision.
    \2\ The original trackage rights granted in Union Pacific 
Railroad Company--Trackage Rights Exemption--The Burlington Northern 
and Santa Fe Railway Company, Finance Docket No. 34417 (STB served 
Nov. 3, 2003), extended between BNSF milepost 114.5 and BNSF 
milepost 117.0 near Endicott, NE, a distance of approximately 2.5 
miles. By decision served December 8, 2003, in Finance Docket No. 
34417 (Sub-No. 1), the Board granted an exemption to permit the 
trackage rights granted in Finance Docket No. 34417 to expire. At 
that time, it was anticipated by the parties that the rights would 
expire on or about October 15, 2004. However, this authority has not 
yet been exercised.
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    The transaction was scheduled to be consummated on December 24, 
2004.
    The purpose of this transaction is to modify the temporary trackage 
rights exempted in Finance Docket No. 34417 to include an additional 
l.5 miles of trackage and to extend the expiration date to on or about 
May 16, 2005. The modified rights will permit UP to continue to serve 
the shipper at Endicott until permanent arrangements can be made for 
alternate rail service to this shipper, and will permit UP to handle 
trains carrying materials from the portion of the line that is being 
salvaged.
    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. 34417 (Sub-No. 2) 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: December 22, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-254 Filed 1-5-05; 8:45 am]
BILLING CODE 4915-01-P