[Federal Register Volume 63, Number 201 (Monday, October 19, 1998)]
[Notices]
[Pages 55916-55917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27867]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33663]
The Burlington Northern and Santa Fe Railway Company--Trackage
Rights Exemption-- Union Pacific Railroad Company
Union Pacific Railroad Company (UP) has agreed to grant overhead
trackage rights to The Burlington Northern and Santa Fe Railway Company
(BNSF) between Beaumont, TX, in the vicinity of UP's milepost 30.17 and
West Port Arthur, TX, in the vicinity of UP's milepost 12.7 (Sabine
Branch); between West Port Arthur, TX, in the vicinity of UP's milepost
0.00 (Sabine Branch milepost 12.7) and Port Arthur, in the vicinity of
UP's milepost 3.21 (Port Arthur Lead); and between Chaison Jct., TX, in
the vicinity of milepost 0.0 (Sabine Branch milepost 26.1) and Chaison,
TX, in the vicinity of UP's milepost 3.3 (Chaison Spur), for a total
distance of 10.58 miles.
The transaction was expected to be consummated on or after October
6, 1998.1
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\1\ Under 49 CFR 1180.4(g)(1), a trackage rights exemption is
effective 7 days after the notice is filed. Although applicant
indicated that the proposed transaction would be consummated on
October 1, 1998, the notice was not filed until September 29, 1998,
and thus the proposed transaction could not be consummated before
the October 6, 1998 effective date. BNSF's representative has
acknowledged by telephone that the transaction may not be
consummated prior to October 6, 1998.
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The purpose of the overhead trackage rights is to obtain
competitive access to additional industries.
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
[[Page 55917]]
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. 33663, 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 each pleading must be
served on Yolanda M. Grimes, The Burlington Northern and Santa Fe
Railway Company, P. O. Box 961039, Fort Worth, TX 76161-0039.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: October 9, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-27867 Filed 10-16-98; 8:45 am]
BILLING CODE 4915-00-P
