[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Notices]
[Page 10856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3766]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34394 (Sub-No. 1)]


Union Pacific Railroad Company--Trackage Rights Exemption--BNSF 
Railway Company

    Pursuant to a written trackage rights agreement dated January 24, 
2008, BNSF Railway Company (BNSF) has agreed to modify an existing 
overhead trackage rights agreement\1\ with Union Pacific Railroad 
Company (UP) regarding UP's use of a BNSF line of railroad between BNSF 
milepost 210.2 and BNSF milepost 211.7, a distance of approximately 1.5 
miles, in Wichita, KS (joint trackage).
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    \1\ The original trackage rights were exempted in Union Pacific 
Railroad Company--Trackage Rights Exemption--The Burlington Northern 
and Santa Fe Railway Company, STB Finance Docket No. 34394 (STB 
served Aug. 29, 2003).
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    The earliest this transaction can be consummated is March 16, 2008, 
the effective date of the exemption (30 days after the exemption is 
filed).\2\
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    \2\ Under 49 CFR 1180.4(g), a railroad must file a verified 
notice of the transaction with the Board at least 30 days in advance 
of consummation, in order to qualify for an exemption under 49 CFR 
1180.2(d). In this case, the verified notice was filed on February 
15, 2008. Therefore, although UP identifies March 15, 2008, as the 
anticipated consummation date, the earliest the transaction could be 
consummated is March 16, 2008.
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    The purpose of the original trackage rights was to facilitate the 
City of Wichita's Central Rail Corridor Project (CRC Project), which 
was designed to minimize rail/vehicle conflicts at existing grade 
crossings in central Wichita by constructing grade crossings and other 
improvements on the BNSF route. The agreement inadvertently omitted 
inclusion of a provision permitting UP to allow the Kansas and Oklahoma 
Railroad Company to use the joint trackage solely for interchanging 
traffic with UP on UP trackage at Wichita. According to UP, this 
provision, which is the modification at issue here, is necessary to 
achieve the full benefits of the CRC Project.
    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 the notice 
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 effectiveness of the exemption. Stay petitions 
must be filed by March 7, 2008 (at least 7 days before the exemption 
becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
No. 110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: Collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34394 (Sub-No. 1), must be filed with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on Robert T. Opal, 
General Commerce and FRA 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: February 21, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-3766 Filed 2-27-08; 8:45 am]
BILLING CODE 4915-01-P