[Federal Register: January 8, 1999 (Volume 64, Number 5)]
[Notices]               
[Page 1268-1269]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja99-121]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33701]

 
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 located between UP milepost 484.9 and UP 
milepost 500.95, in Los Angeles, CA, that constitutes a portion of the 
Alameda Rail Corridor (Corridor).<SUP>1</SUP>
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    \1\ The rail line is being constructed by the City of Los 
Angeles and the City of Long Beach on property acquired from 
predecessors of BNSF and UP. See Alameda Corridor Construction 
Application, Finance Docket No. 32830 (STB served May 13, 1996).
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    The exemption became effective on December 30, 1998, but the 
exempted transaction is not scheduled to be consummated until 
approximately March 2002.<SUP>2</SUP>
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    \2\ While Board authorization of these trackage rights must be 
effective by December 31, 1998 in order to comply with the funding 
requirements for the Corridor construction project, the trackage 
rights will commence upon substantial completion of the Corridor, 
which is currently expected to be on or about March 2002.

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[[Page 1269]]

    The trackage rights are part of the overall coordination of rail 
operations along the Corridor that will give BNSF and UP access to 
facilities and terminals in the Ports of Los Angeles and Long Beach, 
CA. This transaction is related to STB Finance Docket No. 33700, The 
Burlington Northern and Santa Fe Railway Company--Operation Exemption--
A Line of Railroad Owned by the City of Los Aneles, CA, Through its 
Board of Harbor Commissioners, wherein BNSF has concurrently filed a 
verified notice of exemption to acquire operating authority over a 
segment of rail line owned by the Port of Los Angeles that also 
constitutes a portion of the Corridor.
    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. 33701, 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, a copy of each pleading must be 
served Karl Morell, Esq., Ball Janik LLP, 1455 F Street, N.W., Suite 
225, Washington, DC 20005.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: December 30, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-209 Filed 1-7-99; 8:45 am]
BILLING CODE 4915-00-P