[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Notices]
[Page 72486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29544]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35974]


Union Pacific Railroad Company--Temporary Trackage Rights 
Exemption--BNSF Railway Company

    BNSF Railway Company (BNSF) and Union Pacific Railroad Company (UP) 
have agreed to enter into a written trackage rights agreement,\1\ under 
which BNSF will grant temporary overhead trackage rights to UP between 
milepost 579.3 near Mill Creek, Okla., on BNSF's Creek Subdivision and 
milepost 631.0 near Joe Junction, Tex., on BNSF's Madill Subdivision, a 
distance of approximately 51.7 miles.
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    \1\ A copy of the temporary trackage rights agreement was filed 
with the notice of exemption.
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    The transaction may be consummated on or after December 3, 2015, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed).
    The purpose of the transaction is to allow UP to move loaded and 
empty unit ballast trains to be used for UP maintenance of way 
projects. UP states that, under the terms of the agreement, the 
trackage rights are temporary in nature and will be effective from 
January 1, 2016, until December 31, 2018.
    As a condition to this exemption, any employees affected by 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).
    This notice is filed under 49 CFR 1180.2(d)(7).\2\ 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 no later than November 25, 2015 (at least seven days 
before the exemption becomes effective).
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    \2\ Because the trackage rights covered by the notice of 
exemption are longer than one year in duration, the Board's class 
exemption for temporary trackage rights under 49 CFR 1180.2(d)(8) 
does not apply. Instead, UP has filed under the trackage rights 
class exemption at 1180.2(d)(7) and concurrently has filed, in 
Docket No. FD 35974 (Sub-No. 1), a petition for partial revocation 
of this exemption to permit these proposed trackage rights to expire 
on December 31, 2018, as provided in the parties' agreement. The 
Board will address that petition in a separate decision.
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    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35974, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Jeremy M. Berman, Union Pacific Railroad 
Company, 1400 Douglas Street, STOP 1580, Omaha, NE 68179.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: November 16, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
 Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-29544 Filed 11-18-15; 8:45 am]
BILLING CODE 4915-01-P