Union Pacific Railroad Company-Trackage Rights Exemption-BNSF Railway Company, 62865-62866 [2021-24692]

Agencies

• Surface Transportation Board

[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62865-62866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24692]


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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.
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    \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.
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    The transaction may be consummated on or after November 28, 2021, 
the

[[Page 62866]]

effective date of the exemption (30 days after the verified notice was 
filed).
    As a condition to this exemption, any employees affected by the 
acquisition of the 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.
    All pleadings, referring to Docket No. FD 36555, 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 Berman, 1400 Douglas Street, Union Pacific 
Railroad Company, 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 8, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2021-24692 Filed 11-10-21; 8:45 am]
BILLING CODE 4915-01-P