[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: 2021-25651]



[Docket No. FD 36562]

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 approximately 68 miles of rail line owned by Union 
Pacific Railroad Company (UP) between Attalia, Wash., and Riparia, 
Wash.; specifically, from UP Ayer Sub milepost 215 to milepost 269 and 
14 miles over the Riparia Industrial Lead (the Line).
    BNSF and UP have entered into a written trackage rights agreement 
that grants BNSF trackage rights over the Line, over which BNSF and its 
predecessors have operated since 1967.\1\

    \1\ A redacted version of the 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 is addressed 
in a separate decision.

    The transaction may be consummated on December 9, 2021, the 
effective date of the exemption (30 days after the verified notice was 
    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 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 36562, 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: November 19, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2021-25651 Filed 11-23-21; 8:45 am]