[Federal Register: March 26, 2003 (Volume 68, Number 58)]
[Notices]               
[Page 14740]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr03-185]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34321]

 
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 lines between BNSF milepost 143.2 near 
Los Angeles, CA, and BNSF milepost 10.5 near Riverside, CA,\1\ a 
distance of approximately 57.2 miles.\2\
---------------------------------------------------------------------------

    \1\ On March 7, 2003, UP concurrently filed a petition for 
partial revocation of this class exemption in STB Finance Docket No. 
34321 (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 
overhead trackage rights arrangement described in the present 
proceeding to expire on or about May 12, 2003. That petition will be 
addressed by the Board in a separate decision.
    \2\ The original notice of exemption stated that the distance 
involved is 52.2 miles. By letter filed March 12, 2003, UP states 
that the correct distance for the trackage rights is 57.2 miles. By 
letter filed March 13, 2003, UP explains that the milepost 
designations of the trackage rights segment (between BNSF mileposts 
143.4 and 10.5) do not reflect the actual length of the segment 
between Los Angeles and Riverside because the trackage includes 
portions of two BNSF subdivisions that have noncontiguous milepost 
designations.
---------------------------------------------------------------------------

    The transaction was scheduled to be consummated on March 14, 2003 
(7 days after the notice was filed). The temporary trackage rights will 
allow UP to conduct maintenance work on its lines.
    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. 34321, 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 Web site at http:/
/www.stb.dot.gov.


/www.stb.dot.gov.


    Decided: March 18, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-6921 Filed 3-25-03; 8:45 am]

BILLING CODE 4915-00-P