[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Notices]
[Pages 80247-80248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28165]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36377 (Sub-No. 6)]


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 its 
acquisition of restricted, local, trackage rights over two rail lines 
owned by Union Pacific Railroad Company (UP) between: (1) UP milepost 
93.2 at Stockton, Cal., on UP's Oakland Subdivision, and UP milepost 
219.4 at Elsey, Cal., on UP's Canyon Subdivision, a distance of 126.2 
miles; and (2) UP milepost 219.4 at Elsey and UP milepost 280.7 at 
Keddie, Cal., on UP's Canyon Subdivision, a distance of 61.3 miles 
(collectively, the Lines).
    Pursuant to a written temporary trackage rights agreement, UP has 
agreed to grant restricted trackage rights to BNSF over the Lines. The 
purpose of this transaction is to permit BNSF to move empty and loaded 
ballast trains to and from the ballast pit at Elsey, which is adjacent 
to the Lines. The agreement provides that the trackage rights are 
temporary and scheduled to expire on December 31, 2023.\1\
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    \1\ BNSF states that, because the trackage rights are for local 
rather than overhead traffic, it has not filed under the Board's 
class exemption for temporary overhead trackage rights under 49 CFR 
1180.2(d)(8). Instead, BNSF has filed under the trackage rights 
class exemption at Sec.  1180.2(d)(7). BNSF concurrently filed a 
petition for partial revocation of this exemption, in Docket No. FD 
36377 (Sub-No. 7), to permit these proposed trackage rights to 
expire at midnight on December 31, 2023, as provided in the 
agreement. The petition for partial revocation will be addressed in 
a subsequent decision.
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    The transaction may be consummated on or after January 12, 2023, 
the

[[Page 80248]]

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 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 January 5, 
2023 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36377 (Sub-No. 6), must 
be filed with the Surface Transportation Board either via e-filing on 
the Board's website or in writing addressed to 395 E Street SW, 
Washington, DC 20423-0001. 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: December 19, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2022-28165 Filed 12-28-22; 8:45 am]
BILLING CODE 4915-01-P