02-1389. Union Pacific Railroad Company-Trackage Rights Exemption-The Burlington Northern and Santa Fe Railway Company

AGENCY:

Surface Transportation Board.

ACTION:

Notice of exemption.

SUMMARY:

The Board, under 49 U.S.C. 10502, exempts the trackage rights described in STB Finance Docket No. 34160 ^[1] to permit the trackage rights to expire, as they relate to the operations extending from Fort Worth, TX, to Temple, TX, on February 23, 2002.

DATES:

This exemption is effective on February 21, 2002. Petitions to stay must be filed by February 1, 2002. Petitions to reopen must be filed by February 11, 2002.

ADDRESSES:

An original and 10 copies of all pleadings referring to STB Finance Docket No. 34160 (Sub-No. 1) must be filed with the Surface Transportation Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a copy of all pleadings must be served on petitioner's representative Robert T. Opal, Esq., Union Pacific Railroad Company, 1416 Dodge Street, Room 830, Omaha, NE 68179.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar, [phone]. [TDD for the hearing impaired: 1 [phone]].

SUPPLEMENTARY INFORMATION:

Additional information is contained in the Board's decision. To purchase a copy of the full decision, write to, call, or pick up in person from: Dā 2 Dā Legal, Suite 405, 1925 K Street, NW., Washington, DC 20006. Telephone: [phone]. [Assistance for the hearing impaired is available through TDD services 1 [phone]].

Board decisions and notices are available on our Web site at www.stb.dot.gov.

Decided: January 11, 2002.

By the Board, Chairman Morgan and Vice Chairman Burkes.

Vernon A. Williams,

Secretary.

Footnotes

1.  On December 27, 2001, UP concurrently filed a notice of exemption under the Board's class exemption procedures at 49 CFR 1180.2(d)(7). The notice covered the trackage rights agreement (agreement) by The Burlington Northern and Santa Fe (BNSF) to grant temporary overhead trackage rights to UP over approximately 129 miles of BNSF's Ft. Worth Subdivision between BNSF milepost 6.1, near Ft. Worth, TX, and BNSF milepost 218.1, near Temple, TX. See Union Pacific Railroad Company—Trackage Rights Exemption—The Burlington Northern and Santa Fe Railway Company, STB Finance Docket No. 34160 (STB served Jan. 11, 2002). The agreement is scheduled to expire on February 23, 2002. The trackage rights operations under the exemption were scheduled to be consummated on or after January 3, 2002.