[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Notices]
[Page 72910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28256]



[[Page 72910]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35200]


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

    Pursuant to a written trackage rights agreement, BNSF Railway 
Company (BNSF) has agreed to grant temporary overhead trackage rights 
to Union Pacific Railroad Company (UP) over BNSF's lines of railroad 
between Basta, CA (milepost 163.15), and Fullerton, CA (milepost 
165.23), a distance of approximately 2 miles.
    The transaction is scheduled to be consummated on December 17, 
2008, and the temporary trackage rights will expire on or about January 
26, 2009.\1\ The purpose of the temporary trackage rights is to 
facilitate maintenance work on UP lines.
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    \1\ UP states that, under section 2 of the trackage rights 
agreement, BNSF may consider extending the time frame if conditions 
allow.
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    As a condition to this exemption, any employees 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 employees 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).
    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.
    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. Petitions for stay must be filed by December 10, 
2008 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35200, 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, Assistant 
General Attorney, 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: November 21, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeff Herzig,
Clearance Clerk.
 [FR Doc. E8-28256 Filed 11-28-08; 8:45 am]
BILLING CODE 4915-01-P