BNSF Railway Company-Trackage Rights Exemption-Union Pacific Railroad Company, 67111 [2021-25651]

Download as PDF Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices Notice is hereby given that any interested person may submit written comments on the transaction, within fifteen days of the date of this publication, to the Associate Administrator for Investment and Innovation, U.S. Small Business Administration, 409 Third Street SW, Washington, DC 20416. Bailey DeVries, Associate Administrator, Office of Investment and Innovation. [FR Doc. 2021–25712 Filed 11–23–21; 8:45 am] BILLING CODE P SURFACE TRANSPORTATION BOARD [Docket No. FD 36562] khammond on DSKJM1Z7X2PROD with NOTICES BNSF Railway Company—Trackage Rights Exemption—Union Pacific Railroad Company seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36562, 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 BNSF’s representative, Peter W. Denton, Steptoe & Johnson LLP, 1330 Connecticut Avenue NW, Washington, DC 20036. According to BNSF, 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 19, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Brendetta Jones, Clearance Clerk. BNSF Railway Company (BNSF), a Class I rail carrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(7) for overhead trackage rights over approximately 68 miles of rail line owned by Union Pacific Railroad Company (UP) between Attalia, Wash., and Riparia, Wash.; specifically, from UP Ayer Sub milepost 215 to milepost 269 and 14 miles over the Riparia Industrial Lead (the Line). BNSF and UP have entered into a written trackage rights agreement that grants BNSF trackage rights over the Line, over which BNSF and its predecessors have operated since 1967.1 The transaction may be consummated on December 9, 2021, the 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 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 December 2, 2021 (at least BNSF Railway Company (BNSF) has filed a verified notice of exemption under 49 CFR 1180.2(d)(7) to acquire overhead trackage rights from Union Pacific Railroad Company (UP). BNSF states that UP, pursuant to a written trackage rights agreement, has granted BNSF overhead trackage rights over approximately 0.672 miles of UP’s rail line between milepost 444.5, at or near Congo, Mo., on UP’s River Subdivision, and milepost 445.2, at or near Kansas City Terminal Railway’s Rock Creek Junction Connection in Kansas City, Mo. (the Line).1 BNSF states that the purpose of these trackage rights is to permit BNSF to operate through trains over the Line. The earliest this transaction may be consummated is December 9, 2021, the 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— 1 A redacted version of the trackage rights agreement between UP and BNSF was filed with the verified notice. An unredacted version of the agreement was submitted to the Board under seal concurrently with a motion for protective order, which is addressed in a separate decision. 1 A redacted copy of the agreement, dated October 27, 2021, is attached to the verified notice. An unredacted copy has been filed under seal along with a motion for protective order pursuant to 49 CFR 1104.14. That motion is addressed in a separate decision. VerDate Sep<11>2014 17:05 Nov 23, 2021 Jkt 256001 [FR Doc. 2021–25651 Filed 11–23–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36563] BNSF Railway Company—Trackage Rights Exemption—Union Pacific Railroad Company PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 67111 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 December 2, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36563, 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 BNSF’s representative, Peter W. Denton, Steptoe & Johnson LLP, 1330 Connecticut Ave, NW, Washington, DC 20036. According to BNSF, 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 18, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Regena Smith-Bernard, Clearance Clerk. [FR Doc. 2021–25643 Filed 11–23–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36561] BNSF Railway Company—Trackage Rights Exemption—Union Pacific Railroad Company BNSF Railway Company (BNSF), a Class I rail carrier, has filed a verified notice of exemption under 49 U.S.C. 1180.2(d)(7) for local and overhead trackage rights over approximately 25 miles of rail line owned by Union Pacific Railroad Company (UP) between Sterling, Colo., near UP milepost 56.71, and Union, Colo., near UP milepost 81.1, on UP’s Julesburg Subdivision (the Line). Pursuant to a June 25, 2021 written trackage rights agreement (amended on November 5, 2021), UP has agreed to grant trackage rights to BNSF over the Line.1 According to the verified notice, 1 An executed, redacted version of the trackage rights agreement and an executed version of the November 5, 2021 amendment were filed with the E:\FR\FM\24NON1.SGM Continued 24NON1

Agencies

[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Page 67111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25651]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36562]


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

    BNSF Railway Company (BNSF), a Class I rail carrier, has filed a 
verified notice of exemption under 49 CFR 1180.2(d)(7) for overhead 
trackage rights over approximately 68 miles of rail line owned by Union 
Pacific Railroad Company (UP) between Attalia, Wash., and Riparia, 
Wash.; specifically, from UP Ayer Sub milepost 215 to milepost 269 and 
14 miles over the Riparia Industrial Lead (the Line).
    BNSF and UP have entered into a written trackage rights agreement 
that grants BNSF trackage rights over the Line, over which BNSF and its 
predecessors have operated since 1967.\1\
---------------------------------------------------------------------------

    \1\ A redacted version of the trackage rights agreement between 
UP and BNSF was filed with the verified notice. An unredacted 
version of the agreement was submitted to the Board under seal 
concurrently with a motion for protective order, which is addressed 
in a separate decision.
---------------------------------------------------------------------------

    The transaction may be consummated on December 9, 2021, the 
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 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 December 2, 2021 (at least seven 
days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36562, 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 BNSF's 
representative, Peter W. Denton, Steptoe & Johnson LLP, 1330 
Connecticut Avenue NW, Washington, DC 20036.
    According to BNSF, 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 19, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2021-25651 Filed 11-23-21; 8:45 am]
BILLING CODE 4915-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.