[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Notices]
[Page 58721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23071]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36547]


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

    BNSF Railway Company (BNSF), a Class I rail carrier, has filed a 
verified notice of exemption under 49 CFR 1180.2(d)(7) for overhead 
trackage rights over a rail line owned by Union Pacific Railroad 
Company (UP), specifically, UP's Jefferson City Subdivision, between 
milepost 34.66 near Pacific, Mo., and milepost 46.22 near Labadie, Mo. 
(the Line).
    Pursuant to a written trackage rights agreement,\1\ UP has agreed 
to grant overhead trackage rights to BNSF over the Line. According to 
the verified notice, the agreement is pursuant to the Restated and 
Amended BNSF Settlement Agreement (RASA) between BNSF and UP in 
connection with the transaction authorized in Union Pacific Corp.--
Control & Merger--Southern Pacific Rail Corp., FD 32760, Decision No. 
44 (STB served Aug. 12, 1996). The purpose of this transaction is to 
allow BNSF to serve Ameren Corporation's facility at Labadie as well as 
the right to serve all ``2-to-1'' Shipper Facilities, New Shipper 
Facilities, and Existing Transload Facilities at Labadie as those terms 
are defined in the RASA.
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    \1\ A redacted version of the draft trackage rights agreement 
between UP and BNSF was filed with the verified notice. An 
unredacted version of the agreement was submitted to the Board under 
seal concurrently with a motion for protective order, which was 
granted on October 14, 2021. BNSF states that it will submit an 
executed copy of the agreement within 10 days of its execution, 
pursuant to 49 CFR 1180.6(a)(7)(ii).
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    The transaction may be consummated on November 6, 2021, 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 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 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 29, 2021 (at least seven 
days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36547, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on BNSF's 
representative, Peter W. Denton, Steptoe & Johnson LLP, 1330 
Connecticut Avenue NW, Washington, DC 20036.
    According to BNSF, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c)(3) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b)(3).
    Board decisions and notices are available at www.stb.gov.

    Decided: October 19, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2021-23071 Filed 10-21-21; 8:45 am]
BILLING CODE 4915-01-P