Union Pacific Railroad Company-Trackage Rights Exemption-BNSF Railway Company, 62865 [2021-24612]

Download as PDF Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Notices (www.CP–KCSMergerEIS.com). Although individuals who would like to make oral comments are encouraged to register in advance, registration is not required to attend the public scoping meetings. OEA will consider all comments equally no matter how comments are received, and it is not necessary to attend an online public scoping meeting to provide scoping comments, as OEA will also be accepting written comments during the comment period, which ends on December 17, 2021. lotter on DSK11XQN23PROD with NOTICES1 Submitting Written Comments on the Scope of the EIS Interested parties are encouraged to file their scoping comments electronically through the Boardsponsored project website at www.CP– KCSMergerEIS.com. Written comments can also be submitted electronically on the Board’s website, www.stb.gov, by clicking on the ‘‘E–FILING’’ link. Please refer to Docket No. FD 36500 in all correspondence, including E-filings, addressed to the Board. Scoping comments submitted by mail should be addressed to Joshua Wayland, Surface Transportation Board, c/o VHB, 940 Main Campus Dr., Suite 500, Raleigh, NC 27606, Attention: Environmental Filing, Docket No. FD 36500. Following these directions will help ensure that your comments are considered in the environmental review process for this proposed acquisition. All comments submitted during scoping will be made available to the public on the Board-sponsored project website and the Board’s website. OEA will add commenters’ names to its email distribution list to announce the availability of the final scope of the EIS, the Draft EIS, and the Final EIS, which will be posted on the Board’s website and the Board-sponsored project website. Commenters without email addresses will receive notifications by U.S. mail if accurate mailing addresses are provided, as needed. All Board decisions, orders, and notices in this proceeding will also be available on the Board’s website at www.stb.gov under ‘‘E-Library,’’ and ‘‘Decisions & Notices’’ or ‘‘Filings.’’ For further information about the Board’s environmental review process and the EIS, you may also visit the Boardsponsored project website at www.CP– KCSMergerEIS.com. VerDate Sep<11>2014 17:42 Nov 10, 2021 Jkt 256001 By the Board, Danielle Gosselin, Acting Director, Office of Environmental Analysis. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2021–24670 Filed 11–10–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36554] Union Pacific Railroad Company— Trackage Rights Exemption—BNSF Railway Company Union Pacific Railroad Company (UP) has filed a verified notice of exemption under 49 CFR 1180.2(d)(7) for the acquisition of trackage rights over an approximately 7.8-mile rail line owned by BNSF Railway Company (BNSF) between milepost 436.5, near Eton, Mo., and milepost 444.3, near Congo, Mo. (the Line). UP states that it originally acquired these trackage rights 1902.1 The verified notice states that UP and BNSF have executed a new agreement that provides UP with substantially similar trackage rights and will allow operations to continue without material change.2 The transaction may be consummated on or after November 28, 2021, the effective date of the exemption (30 days after the verified notice of exemption was filed). As a condition to this exemption, any employees affected by the acquisition of trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights— Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980). If the verified notice 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 effectiveness of the exemption. Petitions for stay must be filed by November 19, 2021 (at least seven days before the exemption becomes effective). 1 UP states that, because the 1902 trackage rights agreement predates passage of the Transportation Act of 1920, Public Law 66–152, 41 Stat. 456, it was not required to be submitted to the agency for authorization. 2 A redacted version of the agreement was filed with UP’s verified notice of exemption. UP simultaneously filed a motion for a protective order to protect the confidential and commercially sensitive information in the unredacted version of the agreement, which UP submitted under seal. That motion will be addressed in a separate decision. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 62865 All pleadings, referring to Docket No. FD 36554, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, a copy of each pleading must be served on UP’s representative, Jeremy M. Berman, 1400 Douglas Street, STOP 1580, Omaha, NE 68179. According to UP, this action is categorically excluded from environmental review under 49 CFR 1105.6(c)(3) and from historic preservation reporting requirements under 49 CFR 1105.8(b)(3). Board decisions and notices are available at www.stb.gov. Decided: November 5, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2021–24612 Filed 11–10–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36555] Union Pacific Railroad Company— Trackage Rights Exemption—BNSF Railway Company Union Pacific Railroad Company (UP), a Class I rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(7) for trackage rights over approximately 98.8 miles of rail line owned by BNSF Railway Company (BNSF) between milepost 9 plus 1487.0 feet near Riverside, Cal., and milepost 737 plus 2126.7 feet near Daggett, Cal. (the Line). Pursuant to a written trackage rights agreement,1 BNSF has agreed to grant trackage rights to UP over the Line. According to the verified notice, UP originally acquired the trackage rights pursuant to an agreement dated February 1, 1916.2 According to UP, a new agreement has now been executed that allows for the trackage rights operations to continue as they have since 1916 without material change. The purpose of this transaction is to allow UP to continue its operations over the Line. The transaction may be consummated on or after November 28, 2021, the 1 An executed, redacted version of the trackage rights agreement was filed with the verified notice. An executed, unredacted version of the agreement was submitted to the Board under seal concurrently with a motion for protective order, which was granted on November 8, 2021. 2 UP states that because the 1916 agreement predated the passage of the Transportation Act of 1920, Public Law 66–152, 41 Stat. 456, it was not required to be submitted to the agency for authorization. E:\FR\FM\12NON1.SGM 12NON1

Agencies

[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Page 62865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24612]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36554]


Union Pacific Railroad Company--Trackage Rights Exemption--BNSF 
Railway Company

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR 1180.2(d)(7) for the acquisition of trackage 
rights over an approximately 7.8-mile rail line owned by BNSF Railway 
Company (BNSF) between milepost 436.5, near Eton, Mo., and milepost 
444.3, near Congo, Mo. (the Line).
    UP states that it originally acquired these trackage rights 
1902.\1\ The verified notice states that UP and BNSF have executed a 
new agreement that provides UP with substantially similar trackage 
rights and will allow operations to continue without material 
change.\2\
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    \1\ UP states that, because the 1902 trackage rights agreement 
predates passage of the Transportation Act of 1920, Public Law 66-
152, 41 Stat. 456, it was not required to be submitted to the agency 
for authorization.
    \2\ A redacted version of the agreement was filed with UP's 
verified notice of exemption. UP simultaneously filed a motion for a 
protective order to protect the confidential and commercially 
sensitive information in the unredacted version of the agreement, 
which UP submitted under seal. That motion will be addressed in a 
separate decision.
---------------------------------------------------------------------------

    The transaction may be consummated on or after November 28, 2021, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed).
    As a condition to this exemption, any employees affected by the 
acquisition of trackage rights will be protected by the conditions 
imposed in Norfolk & Western Railway--Trackage Rights--Burlington 
Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast 
Railway--Lease & Operate--California Western Railroad, 360 I.C.C. 653 
(1980).
    If the verified notice 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 effectiveness of the 
exemption. Petitions for stay must be filed by November 19, 2021 (at 
least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36554, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on UP's 
representative, Jeremy M. Berman, 1400 Douglas Street, STOP 1580, 
Omaha, NE 68179.
    According to UP, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c)(3) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b)(3).

    Board decisions and notices are available at www.stb.gov.

    Decided: November 5, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2021-24612 Filed 11-10-21; 8:45 am]
BILLING CODE 4915-01-P
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