81 FR 37660 - Union Pacific Railroad Company-Trackage Rights Exemption-BNSF Railway Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 112 (June 10, 2016)

[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Notices]
[Pages 37660-37661]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13754]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36035]


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

    BNSF Railway Company (BNSF), pursuant to a trackage rights 
agreement dated April 5, 2016, has agreed to grant Union Pacific 
Railroad Company (UP) overhead trackage rights over approximately 41.3 
miles of railroad between milepost 1.6, near Kansas City, Mo., and 
milepost 42.9, near Paola, Kan., on BNSF's Fort Scott Subdivision.\1\
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    \1\ A redacted version of the Agreement between UP and BNSF was 
filed with the notice of exemption. UP simultaneously filed a motion 
for a protective order to protect the confidential and commercially 
sensitive information contained in the unredacted version of the 
Agreement, which UP submitted under seal in this proceeding. That 
motion will be addressed in a separate decision.
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    The purpose of the proposed transaction is to allow UP to continue 
moving trains between Paola and Kansas City, as an alternative to UP's 
own route, thereby providing for increased efficiency in operations.\2\
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    \2\ UP states that it obtained trackage rights over the rail 
line as successor to the Missouri-Kansas-Texas Railroad Company 
(MKT). MKT was granted authority to acquire the trackage rights from 
Burlington Northern Railroad Company in Missouri-Kansas-Texas 
Railroad--Trackage Rights--Burlington Northern Railroad, FD 30672 
(ICC served July 8, 1985).
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    UP may consummate the transaction on or after June 24, 2016, the 
effective date of the exemption (30 days after the verified notice of 
exemption was filed).
    As a condition to this exemption, any employees affected by 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).
    This notice is filed under 49 CFR 1180.2(d)(7). 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 by June 17, 2016 (at least seven days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36035, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Jeremy M. Berman, 1400

[[Page 37661]]

Douglas St., Stop 1580, Omaha, NE 68179.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: June 7, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-13754 Filed 6-9-16; 8:45 am]
 BILLING CODE 4915-01-P