[Federal Register: April 23, 1998 (Volume 63, Number 78)]
[Notices]               
[Page 20247-20248]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap98-132]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33572 (Sub-No. 1)]

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

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of exemption.

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SUMMARY: The Board, under 49 U.S.C. 10502, exempts the trackage rights 
described in STB Finance Docket No. 33572 <SUP>1</SUP> to permit the 
trackage rights to expire, as they relate to the operation between 
Council Bluffs and Hastings, on July 16, 1998, and as they relate to 
the operation between Hastings and Northport, on October 1, 1998, in 
accordance with the agreement of the parties.<SUP>2</SUP>

    \1\ On March 23, 1998, UP filed a notice of exemption under the 
Board's class exemption procedures at 49 CFR 1180.2(d)(7). The 
notice covered the agreement by The Burlington Northern and Santa Fe 
Railway Company (BNSF) to grant temporary overhead trackage rights 
over two segments of its line to UP: (1) between Council Bluffs, IA, 
at milepost 483.6 on BNSF's Bayard Subdivision (at a point which is 
equal to milepost 12.8 on BNSF's Omaha Subdivision) and Hastings, 
NE, at milepost 156.5 on BNSF's Hastings Subdivision, a distance of 
approximately 214.6 miles over a segment which extends from Council 
Bluffs through Omaha, NE, Ashland, NE, Lincoln, NE, Crete, NE, and 
Fairmont, NE, to Hastings, for the period March 30, 1998, through 
July 15, 1998; and (2) between Hastings, NE, at milepost 156.5 on 
BNSF's Hastings Subdivision and Northport, NE, at milepost 34.4 on 
BNSF's Angora Subdivision, a distance of approximately 387.7 miles 
over a segment which extends from Hastings though Holdredge, NE, 
Oxford, NE, Culbertson, NE, Wray, CO, East Brush, CO, Sterling, CO, 
and Sidney, NE, to Northport, for the period March 30, 1998, through 
September 30, 1998. The portion of the trackage rights operation 
between Council Bluffs, IA, and Hastings, NE, is scheduled to expire 
effective July 16, 1998. The portion of the trackage rights 
operation between Hastings and Northport, NE, is scheduled to expire 
effective October 1, 1998. See Union Pacific Railroad Company--
Trackage Rights Exemption--The Burlington Northern and Santa Fe 
Railway Company, STB Finance Docket No. 33572 (STB served Apr. 2, 
1998). The exemption became effective on March 30, 1998, 7 days 
after the verified notice was filed.
    \2\ Trackage rights normally remain in effect unless 
discontinuance authority or approval of a new agreement is sought. 
See Milford-Bennington Railroad Company, Inc.--Trackage Rights 
Exemption--Boston and Maine Corporation and Springfield Terminal 
Railway Company, Finance Docket No. 32103 (ICC served Sept. 3, 
1993).
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DATES: This exemption is effective on May 23, 1998. Petitions to reopen 
must be filed by May 13, 1998.

ADDRESSES: An original and 10 copies of all pleadings referring to STB 
Finance Docket No. 33572 (Sub-No. 1) must be filed with the Office of 
the Secretary, Case Control Unit, Surface Transportation Board, 1925 K 
Street, N.W., Washington, DC 20423-0001. In addition, a copy of all 
pleadings must be served on petitioner's representative, Joseph D. 
Anthofer, Esq., 1416 Dodge Street, #830, Omaha, NE 68179.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 927-1600. 
[TDD for the hearing impaired: (202) 565-1695.]

SUPPLEMENTARY INFORMATION: Additional information is contained in

[[Page 20248]]

the Board's decision. To purchase a copy of the full decision, write 
to, call, or pick up in person from: DC NEWS & DATA, INC., Suite 210, 
1925 K Street, N.W., Washington, DC 20006. Telephone: (202) 289-4357. 
[Assistance for the hearing impaired is available through TDD services 
(202) 565-1695.]

    Decided: May 10,1998.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 98-10849 Filed 4-22-98; 8:45 am]
BILLING CODE 4915-00-P