[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62860-62861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24694]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36557]


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

    Union Pacific Railroad Company (UP), a Class I rail carrier, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(7) for 
renewal of trackage rights over a rail line owned by BNSF Railway 
Company (BNSF), between milepost 1120.7 near Stockton, Cal., and 
milepost 1164.5 near Port Chicago, Cal., a total distance of 
approximately 45 miles (the Line).
    UP states it has operated over the Line pursuant to a trackage 
rights agreement since 1992. See Union Pac. R.R.--Trackage Rts. 
Exemption--Atchison, Topeka & Santa Fe Ry., FD 32153 (ICC served Oct. 
1, 1992). According to the verified notice, UP and BNSF have executed 
an amendment to their existing agreement, and operations will continue 
as they have since 1992 without material change.\1\
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    \1\ A redacted version of the trackage rights renewal 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 November 5, 
2021.
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    The transaction may be consummated on or after November 28, 2021, 
the effective date of the exemption (30 days after the verified notice 
was filed).

[[Page 62861]]

    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 November 19, 2021.
    All pleadings, referring to Docket No. FD 36557, 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 UP's 
representative, Jeremy Berman, 1400 Douglas Street, Union Pacific 
Railroad Company, STOP 1580, Omaha, NE 68179.
    According to UP, 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: November 8, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2021-24694 Filed 11-10-21; 8:45 am]
BILLING CODE 4915-01-P