[Federal Register Volume 73, Number 217 (Friday, November 7, 2008)]
[Notices]
[Pages 66290-66291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26449]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35190]


Union Pacific Railroad Company--Temporary Trackage Rights 
Exemption--Orange County Transportation Authority

    Orange County Transportation Authority (OCTA), pursuant to a 
written trackage rights agreement entered into between OCTA and Union 
Pacific Railroad Company (UP), has agreed to grant to UP temporary 
overhead trackage rights between milepost 165.25 at Fullerton Jct., CA, 
and milepost 171.00 at CP College, CA, a total distance of 
approximately 5.75 miles.
    The transaction is scheduled to be consummated on January 5, 
2009.\1\ The temporary trackage rights will expire on or about January 
26, 2009. The purpose of the temporary trackage rights is to facilitate 
maintenance work on UP lines.
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    \1\ The exemption is scheduled to become effective on November 
22, 2008 (30 days after the exemption was filed).
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    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 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. Any stay petition must be filed on or before 
November 14, 2008 (at least 7 days before the exemption becomes 
effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, section 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.

[[Page 66291]]

    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35190, 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 Gabriel S. Meyer, Union Pacific 
Railroad Company, 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: October 31, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeff Herzig,
Clearance Clerk.
[FR Doc. E8-26449 Filed 11-6-08; 8:45 am]
BILLING CODE 4915-01-P