SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_36230_0

Case Title:  
UNION PACIFIC RAILROAD COMPANY -- TEMPORARY TRACKAGE RIGHTS EXEMPTION -- BNSF RAILWAY COMPANY

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION FOR ACQUISITION OF TEMPORARY OVERHEAD TRACKAGE RIGHTS OVER A RAIL LINE OF BNSF RAILWAY COMPANY (BNSF) BETWEEN MILEPOST 579.3 NEAR MILL CREEK, OKLA., ON BNSF’S CREEK SUBDIVISION AND MILEPOST 631.0 NEAR JOE JUNCTION, TEX., ON BNSF’S MADILL SUBDIVISION, A TOTAL DISTANCE OF APPROXIMATELY 51.7 MILES.

    Decision Attachments

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    Full Text of Decision

46862                               SERVICE DATE – MARCH 15, 2019

DO

FR-4915-01-P

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36230]

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

            Union Pacific Railroad Company (UP) has filed a verified notice of exemption under 49 C.F.R. § 1180.2(d)(8) for acquisition of temporary overhead trackage rights over a rail line of BNSF Railway Company (BNSF) between milepost 579.3 near Mill Creek, Okla., on BNSF’s Creek Subdivision and milepost 631.0 near Joe Junction, Tex., on BNSF’s Madill Subdivision, a total distance of approximately 51.7 miles.

            UP states that, pursuant to a written trackage rights agreement, BNSF has agreed to grant the specified temporary overhead trackage rights to UP.[1]  According to UP, the temporary trackage rights are for the sole purpose of moving loaded and empty unit ballast trains to be used for UP maintenance-of-way projects.  The temporary trackage rights will expire on December 31, 2019.

            The transaction may be consummated on or after March 29, 2019, 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 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), 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 to stay must be filed by March 22, 2019 (at least seven days before the exemption becomes effective). 

            An original and 10 copies of all pleadings, referring to Docket No. FD 36230, must be filed with the Surface Transportation Board, 395 E Street, S.W., Washington, DC  20423-0001.  In addition, a copy of each pleading must be served on Jeremy Berman, 1400 Douglas Street, Union Pacific Railroad Company, STOP 1580, Omaha, NE  68179.

            Board decisions and notices are available at www.stb.gov.

            Decided:  March 11, 2019.

By the Board, Allison C. Davis, Acting Director, Office of Proceedings.



[1]  A copy of the agreement, dated December 31, 2018, was filed with the notice.