[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Notices]
[Pages 27946-27947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09360]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36693]


BNSF Railway Company--Trackage Rights Exemption--Montana Rail 
Link, Inc.

    BNSF Railway Company (BNSF) has filed a verified notice of 
exemption under 49 CFR 1180.2(d)(7), for acquisition of local and 
overhead trackage rights over approximately 65.7 miles of non-
contiguous rail line owned by Montana Rail Link, Inc. (MRL), as 
follows: (1) from milepost 0.00 at Sappington, Mont., to milepost 9.84 
at Harrison, Mont.; (2) from milepost 0.00 at East Helena, Mont., to 
milepost 4.86 at Montana City, Mont.; and (3) from milepost 0.00 at 
Logan, Mont., to milepost 51.00 at Spire Rock, Mont. (the Branch 
Lines).
    BNSF and MRL have entered into a written trackage rights agreement 
\1\ that grants BNSF exclusive local and overhead trackage rights over 
the Branch Lines. This agreement is related to a recent Board decision 
in which MRL obtained authority to discontinue service over 
approximately 656.47 miles of rail line and to discontinue trackage 
rights service over approximately 66.47 miles of rail line in Montana, 
Idaho, and Washington, thereby allowing BNSF to resume operations along 
this corridor.\2\ According to the verified notice, MRL has agreed to 
grant BNSF trackage rights over the Branch Lines in order to facilitate 
that restored BNSF service. While MRL will continue to own the Branch 
Lines, BNSF states that it has agreed with MRL that BNSF will fulfill 
any and all common carrier obligations and responsibilities relating to 
the Branch Lines in connection with BNSF's trackage rights operations.
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    \1\ A redacted version of the trackage rights agreement between 
BNSF and MRL 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.
    \2\ Mont. Rail Link, Inc.--Discontinuance of Service Exemption--
in Yellowstone, Stillwater, Sweet Grass, Park, Gallatin, Broadwater, 
Jefferson, Lewis & Clark, Powell, Deer Lodge, Granite, Missoula, 
Lake, Mineral, & Sanders Cntys., Mont.; Bonner & Kootenai Cntyss, 
Idaho; & Spokane Cnty., Wash., AB 575 (Sub-No. 2X) (STB served Mar. 
8, 2023).
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    The transaction may be consummated on or after May 17, 2023, the 
effective date of the exemption.
    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 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 May 10, 2023 (at least 
seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36693, must be filed with 
the Surface Transportation Board 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 Ave. NW, Washington, DC 20036.
    According to BNSF, 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: April 27, 2023.


[[Page 27947]]


    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2023-09360 Filed 5-2-23; 8:45 am]
BILLING CODE 4915-01-P