Notice2021-25651
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: 2021-25651]
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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\
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\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.
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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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
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