Railroad operation, acquisition, construction, etc.: Burlington Northern and Santa Fe Railway Co.,

FR, November 16, 1998 › Notices › Surface Transportation Board

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Federal Register: November 16, 1998 (Volume 63, Number 220)NoticesPage 63772-63773From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr16no98-142

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

STB Finance Docket No. 33662 (Sub-No. 1)The Burlington Northern And Santa Fe Railway Company--Trackage Rights Exemption--Omaha Public Power District

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. 33662 <SUP>1</SUP> to permit the trackage rights to expire on December 31, 1998, in accordance with the agreement of the parties.<SUP>2</SUP>

\1\ On September 22, 1998, The Burlington Northern and Santa Fe Railway Company (BNSF) fileda notice of exemption under the Board's class exemption procedures at 49 CFR 1180.2(d)(7). The notice covered the agreement by Omaha Public Power District (OPPD) to grant local trackage rights to BNSF between milepost 56.3 in Collegeview and milepost 6.0 in Arbor, in Otoe and Lancaster Counties, NE, a distance of approximately 50.3 miles. See The Burlington Northern and Santa Fe Railway Company--Trackage Rights Exemption--Omaha Public Power District, STB Finance Docket No. 33662 (STB served Oct. 7, 1998). The exemption became effective on September 29, 1998, 7 days after the verified notice was filed, and the trackage rights agreement was scheduled to be consummated on October 1, 1998.

\2\ Trackage rights normally remain in effect unless discontinuance authority or approval of a new agreement is obtained. See Milford--Bennington Railroad Company, Inc.--Boston and Maine Corporation and Springfield Terminal Railway Company, Finance Docket No. 32103 (ICC served Sept. 3, 1993).

DATES: This exemption is effective on December 16, 1998. Petitions to reopen must be filedby December 7, 1998.

ADDRESSES: An original and 10 copies of all pleadings referring to STB Finance Docket No. 33662 (Sub-No. 1) must be filedwith the Office of the Secretary, Case Control Unit, Surface Transportation Board, 1925 K Street, N.W., Washington, DC 20423-0001. In addition, a copy of all pleadings must be served on petitioner's representative Sarah Whitley Bailiff, The Burlington Northern and Santa Fe Railway Company, 3017 Lou Menk Drive, P.O. Box 961039, Fort Worth, TX 76161-0039.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar (202) 565-1600. [TDD for the hearing impaired (202) 565-1695.]

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: DC NEWS & DATA, INC., Suite 210, 1925 K Street,

[Page 63773]N.W., Washington, DC 20006. Telephone: (202) 289-4357. [Assistance for the hearing impaired is available through TDD services (202) 565-1695.]

Board decisions and notices are available on our website at ``WWW.STB.DOT.GOV.''

Decided: November 5, 1998.

By the Board, Chairman Morgan and Vice Chairman Owen. Vernon A. Williams, Secretary.

FR Doc. 98-30649Filed11-13-98; 8:45 amBILLING CODE 4910-00-P