Notice2023-07120
Union Pacific Railroad Company-Temporary Trackage Rights Exemption-BNSF Railway Company
Primary source
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Published
April 6, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 66 (Thursday, April 6, 2023)</title>
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[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Page 20603]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07120]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36677]
Union Pacific Railroad Company--Temporary Trackage Rights
Exemption--BNSF Railway Company
Union Pacific Railroad Company (UP), a Class I railroad, has filed
a verified notice of exemption under 49 CFR 1180.2(d)(8) for the
acquisition of temporary overhead trackage rights over an approximately
51.7-mile rail line of BNSF Railway Company (BNSF) between milepost
579.3 on BNSF's Creek Subdivision near Mill Creek, Okla., and milepost
631.0 on BNSF's Madill Subdivision near Joe Junction, Tex., pursuant to
the terms of a written temporary trackage rights agreement dated
December 31, 2022 (Agreement).\1\
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\1\ A copy of the Agreement was attached as an exhibit to the
verified notice.
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UP states that the sole purpose of the temporary trackage rights is
to allow UP to move loaded and empty unit ballast trains, which will be
used solely for UP maintenance-of-way projects. UP states that the
temporary trackage rights will expire on December 31, 2023.
The transaction may be consummated on or after April 20, 2023, 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 temporary 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), and any employees affected by the discontinuance
of those trackage rights will be protected by the conditions set out in
Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between
Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91
(1979).
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 no later than April 13,
2023 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36677, must be filed with
the Surface Transportation Board either via e-filing on the Board's
website or in writing addressed to 395 E Street SW, Washington, DC
20423-0001. In addition, a copy of each pleading must be served on UP's
representative, Whitney C. Larkin, Union Pacific Railroad Company, 1400
Douglas Street, MS 1580, Omaha, NE 68179.
According to UP, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic
preservation reporting requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: March 30, 2023.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2023-07120 Filed 4-5-23; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on April 6, 2023.
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