Notice2021-25643
BNSF Railway Company-Trackage Rights Exemption-Union Pacific Railroad Company
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 24, 2021
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 86 Issue 224 (Wednesday, November 24, 2021)</title>
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[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Page 67111]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25643]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36563]
BNSF Railway Company--Trackage Rights Exemption--Union Pacific
Railroad Company
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.
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\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.
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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--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 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 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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
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