[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,<SUP>1</SUP> 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.<SUP>2</SUP>
---------------------------------------------------------------------------

    \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.<SUP>3</SUP>
---------------------------------------------------------------------------

    \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