[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Page 67111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25643]



[Docket No. FD 36563]

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

    BNSF Railway Company (BNSF) has filed a verified notice of 
exemption under 49 CFR 1180.2(d)(7) to acquire overhead trackage rights 
from Union Pacific Railroad Company (UP). BNSF states that UP, pursuant 
to a written trackage rights agreement, has granted BNSF overhead 
trackage rights over approximately 0.672 miles of UP's rail line 
between milepost 444.5, at or near Congo, Mo., on UP's River 
Subdivision, and milepost 445.2, at or near Kansas City Terminal 
Railway's Rock Creek Junction Connection in Kansas City, Mo. (the 
Line).\1\ BNSF states that the purpose of these trackage rights is to 
permit BNSF to operate through trains over the Line.

    \1\ A redacted copy of the agreement, dated October 27, 2021, is 
attached to the verified notice. An unredacted copy has been filed 
under seal along with a motion for protective order pursuant to 49 
CFR 1104.14. That motion is addressed in a separate decision.

    The earliest this transaction may be consummated is December 9, 
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 
    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 December 2, 2021 (at 
least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36563, 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 Ave, 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: November 18, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2021-25643 Filed 11-23-21; 8:45 am]