[Federal Register: September 3, 2002 (Volume 67, Number 170)]
[Notices]               
[Page 56347-56348]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se02-108]                         

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34242]

 
Union Pacific Railroad Company--Trackage Rights Exemption--The 
Burlington Northern and Santa Fe Railway Company

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
agreed to grant temporary \1\ overhead trackage rights to Union Pacific 
Railroad Company (UP) over BNSF's rail lines between BNSF milepost 
460.0 near Sweetwater, TX, and BNSF milepost 655.7 near Clovis, NM, a 
distance of approximately 221.2 miles.\2\
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    \1\ On August 14, 2002, UP filed a petition for exemption in STB 
Finance Docket No. 34242 (Sub-No. 1), Union Pacific Railroad 
Company--Trackage Rights Exemption--The Burlington Northern and 
Santa Fe Railway Company, wherein UP and BNSF request that the Board 
permit the proposed temporary overhead trackage rights arrangement 
described in the present proceeding to expire on or about November 
23, 2002. That petition will be addressed by the Board in a separate 
decision.
    \2\ By amendment filed August 20, 2002, a representative of UP 
points out that there are several changes in milepost sequencing 
between Sweetwater and Clovis, which is why a substraction of the 
two boundary mileposts does not yield the stated, and correct, 221.2 
miles.
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    The transaction was scheduled to be consummated on August 22, 2002. 
The purpose of the temporary trackage rights is to allow UP to bridge 
its train service over BNSF lines while UP's main lines are out of 
service due to maintenance.
    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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34242, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Robert T. Opal, 1416 Dodge 
Street, Room 830, Omaha, NE 68179.
    Board decisions and notices are available on our website at 
``www.stb.dot.gov.''

    Decided: August 23, 2002.

[[Page 56348]]

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-22110 Filed 8-30-02; 8:45 am]
BILLING CODE 4915-00-P