Notice2024-03117
Union Pacific Railroad Company-Trackage Rights Exemption-Omaha Public Power District
Primary source
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Published
February 15, 2024
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 89 Issue 32 (Thursday, February 15, 2024)</title>
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[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Notices]
[Pages 11916-11917]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03117]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36755]
Union Pacific Railroad Company--Trackage Rights Exemption--Omaha
Public Power District
Union Pacific Railroad Company (UP), a Class I rail carrier, has
filed a verified notice of exemption under 49 CFR 1180.2(d)(7) to
extend the term of its trackage rights over 54.8 miles of rail line of
Omaha Public Power District (OPPD) between milepost 5.9 near Arbor,
Neb., and milepost 56.3 near College View in Lincoln, Neb., and an
additional 475-foot section of track extending from milepost 5.9 (the
Line).
UP states that it originally acquired these trackage rights
pursuant to an agreement dated July 25, 2003. See Union Pac. R.R.--
Trackage Rights Exemption--Omaha Pub. Power Dist., FD 34388 (STB served
Aug. 22, 2003). The original agreement expired December 31, 2020; UP
further states, however, that it and OPPD agreed to negotiate for an
extension, and operations under the agreement continued. According to
UP, it and OPPD have now executed a new agreement that provides UP with
substantially similar trackage rights and will allow operations to
continue as they have since 2003 without material changes.\1\
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\1\ UP submitted a confidential version of the new agreement
under seal along with a corresponding motion for protective order,
which will be addressed in a separate decision.
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The transaction may be consummated on or after February 29, 2024,
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
extension of the term of 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 no later than February 22,
2024 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36755, 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, Tanya Spratt, 1400 Douglas Street, Union Pacific
Railroad Company, STOP 1580, Omaha, NE 68179.
[[Page 11917]]
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: February 9, 2024.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2024-03117 Filed 2-14-24; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on February 15, 2024.
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