[Federal Register: October 7, 1998 (Volume 63, Number 194)]
[Notices]
[Page 53976]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc98-113]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33662]
The Burlington Northern and Santa Fe Railway Company--Trackage
Rights Exemption--Omaha Public Power District
Omaha Public Power District (OPPD), a noncarrier, has agreed to
grant local trackage rights to The Burlington Northern and Santa Fe
Railway Company (BNSF) over OPPD's rail line,1 between
milepost 56.3 in Collegeview and milepost 6.0 in Arbor, a distance of
approximately 50.3 miles in Otoe and Lancaster Counties,
NE.2
---------------------------------------------------------------------------
\1\ See Omaha Public Power District--Acquisition--The Burlington
Northern and Santa Fe Railway Company, STB Finance Docket No. 33447
(STB served Sept. 12, 1997).
\2\ On September 28, 1998, BNSF filed a petition for exemption
in STB Finance Docket No. 33662 (Sub-No. 1), The Burlington Northern
and Santa Fe Railway Company--Trackage Rights Exemption--Omaha
Public Power District, wherein BNSF requests that the Board permit
the proposed local trackage rights arrangement described in the
present proceeding to expire on December 31, 1998. That petition
will be addressed by the Board in a separate decision.
---------------------------------------------------------------------------
The transaction is scheduled to be consummated on or shortly after
October 1, 1998.
The purpose of the trackage rights is to permit BNSF using its own
trains and crews to use OPPD's line through the end of the calendar
year, at which time Kyle Railroad Company will assume operations over
the line.3
---------------------------------------------------------------------------
\3\ See Kyle Railroad Company--Acquisition and Operation--Omaha
Public Power District, STB Finance Docket No. 33642 (STB served Aug.
25, 1998).
---------------------------------------------------------------------------
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. 33662, 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 Sarah Whitley Bailiff, 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: September 30, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-26775 Filed 10-6-98; 8:45 am]
BILLING CODE 4915-00-P