[Federal Register: January 8, 1999 (Volume 64, Number 5)]
[Notices]               
[Page 1270-1271]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja99-126]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33702]

 
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 overhead trackage rights to Union Pacific Railroad 
Company (UP) over BNSF's rail line located between BNSF

[[Page 1271]]

milepost 27.6 and BNSF milepost 28.3, 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 currently being constructed by the City of Los 
Angeles and the City of Long Beach on property acquired from 
predecessors of UP and BNSF. See Alameda Corridor Construction 
Application, Finance Docket No. 32830 (STB served May 13, 1996).
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    The transaction was scheduled to be consummated on substantial 
completion of the Corridor but not sooner than the December 30, 1998 
effective date of the exemption.<SUP>2</SUP>
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    \2\ Applicant notes that the trackage rights must be effective 
by December 31, 1998 in order to comply with funding requirements 
for the Corridor construction project. In other related filings, UP 
and BNSF have indicated that substantial completion of the Corridor 
is expected to be approximately March 2002.
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    The trackage rights are part of the overall coordination of rail 
operations along the Corridor that will give UP and BNSF access to 
facilities and terminals in the Ports of Los Angeles and Long Beach, 
CA. This transaction is related to STB Finance Docket No. 33698, Union 
Pacific Railroad Company--Operation Exemption--A Line of Railroad Owned 
by the City of Los Angeles, CA, Through its Board of Harbor 
Commissioners, wherein UP 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. 33702, 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 on Joseph D. Anthofer, Esq., 1416 Dodge Street, No. 830, Omaha, 
NE 68179.
    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. 99-210 Filed 1-7-99; 8:45 am]
BILLING CODE 4915-00-P