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)

Page Range		37660-37661
FR Document		2016-13754

Federal Register, Volume 81 Issue 112 (Friday, 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

37660 Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices

of the proposal in the Federal Register 6 DEPARTMENT OF STATE SURFACE TRANSPORTATION BOARD
and, to date, in response to the
[Docket No. FD 36035]
subsequent publication of the proposal [Public Notice 9601]
as modified by Amendment No. 5.7 Union Pacific Railroad Company—
Section 19(b)(2) of the Act 8 provides In the Matter of the Designation of Trackage Rights Exemption—BNSF
that within 45 days of the publication of Yarmouk Martyrs Brigade, aka Katibah Railway Company
notice of the filing of a proposed rule Shuhada’ al-Yarmouk, aka Liwa’
Shuhada’ al-Yarmouk, aka Yarmouk BNSF Railway Company (BNSF),
change, or within such longer period up pursuant to a trackage rights agreement
to 90 days as the Commission may Brigade, aka Brigade of the Yarmouk
dated April 5, 2016, has agreed to grant
designate if it finds such longer period Martyrs, aka Martyrs of Yarmouk, aka
Union Pacific Railroad Company (UP)
to be appropriate and publishes its Al Yarmuk Brigade, aka Shuhda al-
overhead trackage rights over
reasons for so finding or as to which the Yarmouk, aka Shohadaa al-Yarmouk
approximately 41.3 miles of railroad
Brigade, aka Suhada’a al-Yarmouk
self-regulatory organization consents, between milepost 1.6, near Kansas City,
Brigade, aka Shuhada al Yarmouk Mo., and milepost 42.9, near Paola,
the Commission shall either approve the
Brigade, aka YMB, aka LSY as a Kan., on BNSF’s Fort Scott
proposed rule change, disapprove the
Specially Designated Global Terrorist Subdivision.1
proposed rule change, or institute
proceedings to determine whether the The purpose of the proposed
Acting under the authority of and in transaction is to allow UP to continue
proposed rule change should be accordance with section 1(b) of
disapproved. The 45th day after moving trains between Paola and
Executive Order 13224 of September 23, Kansas City, as an alternative to UP’s
publication of the notice for this 2001, as amended by Executive own route, thereby providing for
proposed rule change is June 11, 2016. Order13268 of July 2, 2002, and increased efficiency in operations.2
The Commission is extending this 45- Executive Order 13284 of January 23, UP may consummate the transaction
day time period for Commission action 2003, I hereby determine that the entity on or after June 24, 2016, the effective
on the proposed rule change. known as Yarmouk Martyrs Brigade, date of the exemption (30 days after the
The Commission finds it appropriate also known as Katibah Shuhada’ al- verified notice of exemption was filed).
to designate a longer period within Yarmouk, also known as Liwa’ As a condition to this exemption, any
which to take action on the proposed Shuhada’ al-Yarmouk, also known as employees affected by the trackage
rule change so that it has sufficient time Yarmouk Brigade, also known as rights will be protected by the
to consider this proposed rule change, Brigade of the Yarmouk Martyrs, also conditions imposed in Norfolk &
as modified by Amendment No. 5.9 known as Martyrs of Yarmouk, also Western Railway—Trackage Rights—
Accordingly, the Commission, pursuant known as Al Yarmuk Brigade, also Burlington Northern, Inc., 354 I.C.C. 605
known as Shuhda al-Yarmouk, also (1978), as modified in Mendocino Coast
to Section 19(b)(2) of the Act,10 and for
known as Shohadaa al-Yarmouk Railway—Lease & Operate—California
the reason noted above, designates July
Brigade, also known as Suhada’a al- Western Railroad, 360 I.C.C. 653 (1980).
26, 2016 as the date by which the This notice is filed under 49 CFR
Yarmouk Brigade, also known as
Commission should either approve or 1180.2(d)(7). If the notice contains false
Shuhada al Yarmouk Brigade, also
disapprove, or institute proceedings to or misleading information, the
known as YMB, also known as LSY
determine whether to disapprove, the exemption is void ab initio. Petitions to
committed, or poses a significant risk of
proposed rule change (File No. SR– committing, acts of terrorism that revoke the exemption under 49 U.S.C.
NYSE–2016–22). threaten the security of U.S. nationals or 10502(d) may be filed at any time. The
For the Commission, by the Division of the national security, foreign policy, or filing of a petition to revoke will not
Trading and Markets, pursuant to delegated economy of the United States. automatically stay the effectiveness of
authority.11 the exemption. Petitions for stay must
Consistent with the determination in be filed by June 17, 2016 (at least seven
Robert W. Errett, section 10 of Executive Order 13224 that days before the exemption becomes
Deputy Secretary. prior notice to persons determined to be effective).
[FR Doc. 2016–13716 Filed 6–9–16; 8:45 am] subject to the Order who might have a An original and 10 copies of all
BILLING CODE 8011–01–P constitutional presence in the United pleadings, referring to Docket No. FD
States would render ineffectual the 36035, must be filed with the Surface
blocking and other measures authorized Transportation Board, 395 E Street SW.,
in the Order because of the ability to Washington, DC 20423–0001. In
transfer funds instantaneously, I addition, a copy of each pleading must
determine that no prior notice needs to be served on Jeremy M. Berman, 1400
be provided to any person subject to this
determination who might have a 1 A redacted version of the Agreement between

constitutional presence in the United UP and BNSF was filed with the notice of
States, because to do so would render exemption. UP simultaneously filed a motion for a
protective order to protect the confidential and
ineffectual the measures authorized in commercially sensitive information contained in
the Order. the unredacted version of the Agreement, which UP
asabaliauskas on DSK3SPTVN1PROD with NOTICES

This notice shall be published in the submitted under seal in this proceeding. That
motion will be addressed in a separate decision.
Federal Register. 2 UP states that it obtained trackage rights over
6 See note 3 supra. Dated: May 31, 2016. the rail line as successor to the Missouri-Kansas-
7 See note 5 supra. Texas Railroad Company (MKT). MKT was granted
8 15 U.S.C. 78s(b)(2).
John F. Kerry, authority to acquire the trackage rights from
9 See note 4 supra, and accompanying text. Secretary of State. Burlington Northern Railroad Company in Missouri-
Kansas-Texas Railroad—Trackage Rights—
10 15 U.S.C. 78s(b)(2). [FR Doc. 2016–13676 Filed 6–9–16; 8:45 am]
Burlington Northern Railroad, FD 30672 (ICC
11 17 CFR 200.30–3(a)(31). BILLING CODE 4710–AD–P served July 8, 1985).

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Document Created: 2018-02-08 07:35:58
Document Modified: 2018-02-08 07:35:58

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 37660