[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Page 20603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07120]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36677]


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

    Union Pacific Railroad Company (UP), a Class I railroad, has filed 
a 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, 2022 (Agreement).\1\
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    \1\ A copy of the Agreement was attached as an exhibit to the 
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 that the 
temporary trackage rights will expire on December 31, 2023.
    The transaction may be consummated on or after April 20, 2023, 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 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 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 April 13, 
2023 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36677, 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 UP's 
representative, Whitney C. Larkin, Union Pacific Railroad Company, 1400 
Douglas Street, MS 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: March 30, 2023.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2023-07120 Filed 4-5-23; 8:45 am]
BILLING CODE 4915-01-P