Trackage Agreement

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(Id.) BNSF submitted its verified exemption notification under the Board`s class exemption procedures to 49 CFR 1180.2(d)(7) and stated this because the trackage rights that were communicated by the communication in Docket No. FD 36377 are local rights and not general rights, they do not qualify for the board`s class exemption for temporary trackage rights pursuant to 49 CFR 1180.2(d)(8). See BNSF Verified Notice of Exemption 1 n.1, BNSF Ry.– Trackage Rights Exemption- Union Pac. R.R., FD 36377. As part of this signature procedure, BNSF submitted a request for partial revocation of the exemption, to the extent necessary, so that the trackage rights could expire on 31 December 2020 at midnight, in accordance with the agreement of the parties. (See BNSF pp. 1-2); see also BNSF Verified Notice of Exemption Ex.B at 2, BNSF Ry.– Trackage Rights Exemption- Union Pac. R.R., FD 36377. BNSF argues that the approval of this petition will promote railway policy. BNSF also argues that the revocation would be consistent with the limited scale of the concentration and would not have a negative effect on shippers.

(BNSF Pet. Long-term agreements may be concluded to allow competing railways access to potentially profitable shippers or to serve as a bridge between sections otherwise separated from another railway. Arbitration is usually faster than the courts, but it is not immediate. Dissatisfied with the new status quo up went to the Surface Transportation Board (STB) and asked them to adopt a finding order and injunction allowing UP to conduct operations in accordance with its interpretation of the trackage right agreement until arbitration could be reached. . . .

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