Notice2026-04023
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
March 2, 2026
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 91 Issue 40 (Monday, March 2, 2026)</title>
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[Federal Register Volume 91, Number 40 (Monday, March 2, 2026)]
[Notices]
[Pages 10178-10179]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04023]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36377 (Sub-No. 13)]
BNSF Railway Company--Trackage Rights Exemption--Union Pacific
Railroad Company
By petition filed on December 17, 2025, BNSF Railway Company (BNSF)
requests that the Board permit the trackage rights over two rail lines
granted to it under 49 CFR 1180.2(d)(7) in Docket No. FD 36377 (Sub-No.
12) to expire under the terms agreed to by BNSF and the grantor of the
rights, Union Pacific Railroad Company (UP).
As explained by BNSF in its verified notice of exemption in Docket
No. FD 36377 (Sub-No. 12), BNSF and UP entered into an agreement to
extend the term of the trackage rights agreement granting BNSF
restricted, temporary trackage rights over the UP rail lines located
between: (1) UP milepost 93.2, at Stockton, Cal., on UP's Oakland
Subdivision, and UP milepost 219.4, at Elsey, Cal., on UP's Canyon
Subdivision, a distance of 126.2 miles; and (2) UP milepost 219.4, at
Elsey, and UP milepost 280.7, at Keddie, Cal., on UP's Canyon
Subdivision, a distance of 61.3 miles. The parties' trackage rights
agreement restricts BNSF's use of the trackage rights lines to
movements of BNSF unit ballast trains (loaded and empty) to and from
the ballast pit located at Elsey. BNSF Verified Notice of Exemption 2,
Dec. 17, 2025, BNSF Ry.--Trackage Rts. Exemption--Union Pac. R.R., FD
36377 (Sub-No. 12). According to BNSF, it filed its verified notice of
exemption under the Board's trackage rights class exemption at 49 CFR
1180.2(d)(7), instead of the temporary trackage rights exemption at 49
CFR 1180.2(d)(8), because the trackage rights covered by the notice are
local rather than overhead. (BNSF Pet. 1 n.1.)
[[Page 10179]]
In its petition, BNSF asks the Board to partially revoke the
exemption as necessary to permit the trackage rights to expire at
midnight on December 31, 2026, pursuant to the parties' agreement.
(BNSF Pet. 3.) BNSF argues that granting this petition would promote
the rail transportation policy at 49 U.S.C. 10101 and that the partial
revocation would be consistent with the limited scope of the
transaction, and would not have an adverse effect on shippers. (BNSF
Pet. 3-4.) In addition, BNSF asserts that the Board has granted similar
petitions for partial revocation to permit temporary trackage rights to
expire, including petitions involving prior iterations of the trackage
rights agreement at issue here. (Id. at 4.)
Discussion and Conclusions
Although BNSF and UP have expressly agreed on the duration of the
proposed trackage rights, trackage rights approved under the class
exemption at 49 CFR 1180.2(d)(7) typically remain effective
indefinitely, regardless of any contractual provisions. At times,
however, the Board has taken action to allow such rights to expire
after a limited time rather than lasting in perpetuity, based on the
parties' agreement. See, e.g., BNSF Ry.--Trackage Rts. Exemption--Union
Pac. R.R., FD 36377 (Sub-No. 11) (STB served April 30, 2025) (allowing
trackage rights under 49 CFR 1180.2(d)(7) to expire).
Permitting the trackage rights to expire as agreed by the parties
would eliminate the need for BNSF to separately seek discontinuance
authority at a later date, thereby minimizing the need for federal
regulatory control (49 U.S.C. 10101(2)), reducing regulatory barriers
to entry into and exit from the rail industry (49 U.S.C. 10101(7)), and
allowing for the expeditious handling and resolution of this
transaction (49 U.S.C. 10101(15)). Moreover, doing so would not result
in an abuse of market power because the trackage rights at issue are
solely to allow BNSF to move empty and loaded unit ballast trains to
and from the ballast pit in Elsey for use in BNSF's maintenance-of-way
projects. (See BNSF Pet. 2-3.) \1\ Therefore, the Board will grant the
petition and permit the trackage rights exempted in Docket No. FD 36377
(Sub-No. 12) to expire at midnight on December 31, 2026.
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\1\ Because the proposed transaction would not result in an
abuse of market power, the Board need not determine whether it is
limited in scope. See 49 U.S.C. 10502(a).
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To provide the statutorily mandated protection to any employee
adversely affected by the discontinuance of trackage rights, the Board
will impose the employee protective conditions set forth in Oregon
Short Line Railroad--Abandonment Portion Goshen Branch Between Firth &
Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
This action is categorically excluded from environmental review
under 49 CFR 1105.6(c).
It is ordered:
1. BNSF's petition to permit expiration of the trackage rights in
Docket No. FD 36377 (Sub-No. 12) per the agreement of the parties is
granted.
2. As discussed above, the trackage rights in Docket No. FD 36377
(Sub-No. 12) are permitted to expire at midnight on December 31, 2026,
subject to the employee protective conditions set forth in Oregon Short
Line.
3. Notice of this decision will be published in the Federal
Register.
4. This decision is effective on March 27, 2026. Petitions for stay
must be filed by March 9, 2026. Petitions for reconsideration must be
filed by March 17, 2026.
Decided: February 25, 2026.
By the Board, Board Members Fuchs, Hedlund, and Schultz.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2026-04023 Filed 2-27-26; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on March 2, 2026.
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