[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Page 64214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22412]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 33662 (Sub-No. 2)]


BNSF Railway Company--Trackage Rights Exemption--Omaha Public 
Power District

    BNSF Railway Company (BNSF) has filed a verified notice of 
exemption under 49 CFR 1180.2(d)(7) for the acquisition of local 
trackage rights over an approximately 56.65-mile rail line in Otoe and 
Lancaster Counties, Neb. (the Line) owned by Omaha Public Power 
District (OPPD). The Line is comprised of two line segments with 
noncontiguous mileposts: (1) A line segment between milepost 56.3, near 
College View, and milepost 4.95, near Nebraska City; and (2) a 
connecting line segment between milepost 0.7, near Nebraska City, and 
milepost 6.0, near Arbor.\1\
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    \1\ A redacted version of the agreement between BNSF and OPPD 
was filed with BNSF's verified notice of exemption. BNSF 
simultaneously filed a motion for a protective order to protect the 
confidential and commercially sensitive information in the 
unredacted version of the agreement, which BNSF submitted under 
seal. That motion will be addressed in a separate decision.
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    The verified notice states that the purpose of the trackage rights 
is to permit BNSF to provide service over the Line to OPPD's Nebraska 
City Power Station and to shippers other than OPPD located along the 
Line.
    The transaction may be consummated on or after October 25, 2020, 
the effective date of the exempion (30 days after the verified notice 
of exemption was filed).
    As a condition to this exemption, any employees affected by the 
acquisition 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 by October 16, 2020 (at 
least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 33662 (Sub-No. 2), must 
be filed with the Surface Transportation Board, either via e-filing or 
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on BNSF's 
representative, Peter W. Denton, Steptoe & Johnson LLP, 1330 
Connecticut Ave. NW, Washington, DC 20036.
    According to BNSF, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c), and from historic 
reporting under 49 CFR 1105.8(b)(3).
    Board decisions and notices are available at www.stb.gov.


    Decided: October 5, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2020-22412 Filed 10-8-20; 8:45 am]
BILLING CODE 4915-01-P