[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Notices]
[Page 6731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01355]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36480]


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, 2020 (Agreement).\1\
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    \1\ A copy of the Agreement was filed with 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, 2021.
    The transaction may be consummated on or after February 7, 2021, 
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 January 29, 
2021 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36480, 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, Jeremy Berman, 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: January 14, 2021.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2021-01355 Filed 1-21-21; 8:45 am]
BILLING CODE 4915-01-P