[Federal Register: January 21, 1999 (Volume 64, Number 13)]
[Notices]               
[Page 3336]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ja99-106]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33699]

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

    Union Pacific Railroad Company (UP) has agreed to grant overhead 
trackage rights to The Burlington Northern and Santa Fe Railway Company 
(BNSF) over UP's rail line, between (1) Kern Junction, CA, in the 
vicinity of UP's milepost 313.6 (Fresno Subdivision), and Calwa, CA, in 
the vicinity of UP's milepost 209.1 (Fresno Subdivision); and (2) Los 
Angeles, CA, in the vicinity of UP's milepost 485.0 (Wilmington 
Subdivision), and San Jose, CA, in the vicinity of UP's milepost 45.7 
(Coast Subdivision). BNSF will operate its own trains with its own 
crews over UP's line under the trackage rights agreement. <SUP>1</SUP>
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    \1\ On January 5, 1999, BNSF and UP filed a petition for 
exemption in STB Finance Docket No. 33699 (Sub-No. 1), The 
Burlington Northern and Santa Fe Railway Company--Trackage Rights 
Exemption--Union Pacific Railroad Company, wherein BNSF and UP 
request that the Board permit the proposed overhead trackage rights 
arrangement described in the present proceeding to expire on 
February 12, 1999. That petition will be addressed by the Board in a 
separate decision.
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    The transaction was scheduled to be consummated on January 12, 
1999.
    The purpose of the trackage rights is to allow BNSF to operate over 
an alternate line while BNSF's lines are undergoing maintenance and 
repair.
    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 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33699, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, one copy of each pleading must 
be served on Yolanda M. Grimes, Esq., The Burlington Northern and Santa 
Fe Railway Company, 3017 Lou Menk Drive, P.O. Box 961039, Fort Worth, 
TX 76161-0039.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: January 13, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-1317 Filed 1-20-99; 8:45 am]
BILLING CODE 4915-00-P