35436 SERVICE DATE – JANUARY 6, 2005
DO
FR-4915-01-P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34417 (Sub-No. 2)]
Union Pacific Railroad Company–Temporary Trackage Rights Exemption–The
Burlington Northern and Santa Fe Railway Company
The Burlington Northern and Santa Fe Railway Company (BNSF), pursuant to a
modified written trackage rights agreement entered into between BNSF and Union Pacific
Railroad Company (UP), has agreed to grant additional local trackage rights to UP
over a
BNSF line of railroad between BNSF milepost 113.0 and BNSF milepost 117.0 near
Endicott, NE, a distance of approximately 4.0 miles.
The transaction was scheduled to be consummated on December 24, 2004.
The purpose of this transaction is to modify the temporary trackage rights
exempted in Finance Docket No. 34417 to include an additional l.5 miles of trackage and
to extend the expiration date to on or about May 16, 2005. The modified rights will
permit UP to continue to serve the shipper at Endicott until permanent arrangements can
be made for alternate rail service to this shipper, and will permit UP to handle trains
carrying materials from the portion of the line that is being salvaged.
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. 34417 (Sub-No. 2) must be filed with the Surface Transportation Board, 1925 K
Street, N.W., Washington, DC 20423-0001. In addition, one copy of each pleading must
be served on Robert T. Opal, 1400 Douglas Street, STOP 1580, Omaha, NE 68179.
Board decisions and notices are available on our website at
“WWW.STB.DOT.GOV.”
Decided: December 22, 2004.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams
Secretary
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