Notice2021-24694
Union Pacific Railroad Company-Trackage Rights Exemption-BNSF Railway Company
Primary source
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Published
November 12, 2021
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 86 Issue 216 (Friday, November 12, 2021)</title>
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[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62860-62861]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24694]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36557]
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
renewal of trackage rights over a rail line owned by BNSF Railway
Company (BNSF), between milepost 1120.7 near Stockton, Cal., and
milepost 1164.5 near Port Chicago, Cal., a total distance of
approximately 45 miles (the Line).
UP states it has operated over the Line pursuant to a trackage
rights agreement since 1992. See Union Pac. R.R.--Trackage Rts.
Exemption--Atchison, Topeka & Santa Fe Ry., FD 32153 (ICC served Oct.
1, 1992). According to the verified notice, UP and BNSF have executed
an amendment to their existing agreement, and operations will continue
as they have since 1992 without material change.\1\
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\1\ A redacted version of the trackage rights renewal 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 was granted on November 5,
2021.
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The transaction may be consummated on or after November 28, 2021,
the effective date of the exemption (30 days after the verified notice
was filed).
[[Page 62861]]
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 November 19, 2021.
All pleadings, referring to Docket No. FD 36557, 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 <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: November 8, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2021-24694 Filed 11-10-21; 8:45 am]
BILLING CODE 4915-01-P
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