Notice2021-25810
BNSF Railway Company-Trackage Rights Exemption-Union Pacific Railroad Company
Primary source
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Published
November 26, 2021
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 86 Issue 225 (Friday, November 26, 2021)</title>
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[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67578-67579]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25810]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36564]
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 196 miles of rail line owned by
Union Pacific Railroad Company (UP), between milepost 245.52 at Ft.
Worth, Tex., and milepost 440.98 at Tecific, Tex. (the Line).
Pursuant to a written trackage rights agreement, UP has agreed to
extend overhead trackage rights to BNSF over the Line. According to the
verified notice, BNSF and its predecessors have operated over the Line
since 1992 under trackage rights exempted in The Atchison, Topeka &
Santa Fe Railway Co.--Trackage Rights Exemption--Missouri Pacific
Railroad Co., FD 32134 (ICC served Aug. 31, 1992), and the parties'
1992 agreement was amended on June 25, 2021, to extend the trackage
rights terms.\1\ The purpose of this transaction is to allow UP to
continue its operations over the Line.
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\1\ Redacted versions of the 1992 agreement and the 2021
amendment were filed with the verified notice. Unredacted versions
were submitted 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 or after December 10, 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
[[Page 67579]]
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 3, 2021 (at
least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36564, 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 22, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021-25810 Filed 11-24-21; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on November 26, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.