[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7894-7895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02850]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36579]


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

    Union Pacific Railroad Company (UP), a Class I railroad, has filed 
an amended verified notice of exemption under 49 CFR 1180.2(d)(8) for 
the acquisition of temporary overhead trackage rights over an 
approximately 51.7-mile rail line of BNSF Railway Company (BNSF) 
between milepost 579.3 on BNSF's Creek Subdivision near Mill Creek, 
Okla., and milepost 631.0 on BNSF's Madill Subdivision near Joe 
Junction, Tex., pursuant to the terms of a written temporary trackage 
rights agreement dated December 31, 2021 (Agreement).\1\
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    \1\ A copy of the Agreement was filed with the amended verified 
notice.
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    UP states that the sole purpose of the temporary trackage rights is 
to allow UP to move loaded and empty unit ballast trains, which will be 
used solely for UP maintenance-of-way projects. UP states

[[Page 7895]]

that the temporary trackage rights will expire on December 31, 2022.
    The transaction may be consummated on or after March 3, 2022, the 
effective date of the exemption (30 days after the amended verified 
notice was filed).
    As a condition to this exemption, any employees affected by the 
acquisition of the temporary 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), and any employees affected by the discontinuance 
of those trackage rights will be protected by the conditions set out in 
Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between 
Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 
(1979).
    If the amended 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 no later than 
February 24, 2022 (at least seven days before the exemption becomes 
effective).
    All pleadings, referring to Docket No. FD 36579, 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, Whitney C. Larkin, Union Pacific Railroad Company, 1400 
Douglas Street, Stop 1580, Omaha, NE 68179.
    According to UP, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: February 4, 2022.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2022-02850 Filed 2-9-22; 8:45 am]
BILLING CODE 4915-01-P