[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Notices]
[Page 1268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-208]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33700]
The Burlington Northern and Santa Fe Railway Company--Operation
Exemption--A Line of Railroad Owned by the City of Los Angeles, CA,
Through Its Board of Harbor Commissioners
The Burlington Northern and Santa Fe Railway Company (BNSF) has
filed a verified notice of exemption under 49 CFR 1150.31 to operate a
rail line owned by the City of Los Angeles, CA, through its Board of
Harbor Commissioners, a noncarrier. The 0.8-mile rail line involved in
this transaction is located between milepost 17.0 and milepost 17.8, in
Los Angeles, and will constitute part of the Alameda Rail Corridor
(Corridor).1
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\1\ See Alameda Corridor Construction Application, Finance
Docket No. 32830 (STB served May 13, 1996).
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The exemption became effective on December 30, 1998, but the
exempted transaction is not expected to be consummated until
approximately March 2002.2
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\2\ In order to comply with the funding requirements for the
Corridor construction project, applicant states that authorization
by the Board for these operating rights must be effective by
December 31, 1998. Applicant notes that the segment of track
involved in this proceeding is located within the Port of Los
Angeles and is currently being operated by BNSF and the Union
Pacific Railroad Company (UP) without prior Board authority pursuant
to the provisions of 49 U.S.C. 10906. According to applicant, upon
substantial completion of the Corridor, on or about March 2002, the
segment of track will become part of the Corridor, and at that time,
operations over the track that are authorized by this exemption will
begin.
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BNSF and the UP will operate the rail line as part of an overall
coordination of rail operations along the Corridor that will give BNSF
and UP access to facilities and terminals in the Ports of Los Angeles
and Long Beach, CA.3 As part of the coordination project,
BNSF has concurrently filed a verified notice of exemption in STB
Finance Docket No. 33701, The Burlington Northern and Santa Fe Railway
Company--Trackage Rights Exemption--Union Pacific Railway Company, to
acquire overhead trackage rights.
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\3\ UP has filed a separate notice of exemption to operate the
line in 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.
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If the verified notice contains false or misleading information,
the exemption is void ab initio. Petitions to reopen the proceeding 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. 33700, 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 Karl Morell, Esq., Ball Janik LLP, 1455 F Street, N.W., Suite
225, Washington, DC 20005.
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. 99-208 Filed 1-7-99; 8:45 am]
BILLING CODE 4915-00-P
