Union Pacific Railroad Company-Construction & Operation Exemption-in Maricopa County, Ariz.

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Surface Transportation Board [Docket No. FD 36501] On June 30, 2022, Union Pacific Railroad Company (UP) filed a petition for an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 to construct and operate approximately six miles of rail line in connection with the Pecos Industrial Rail Access and Train Extension Project (the PIRATE project) in Maricopa County, Ariz. (the Line). The Line would connect the Pecos Advanced Manufacturing Zone (the PAMZ) to the UP main line west of the project area and provide rail service for Commercial Metals Company (CMC), as well as an alternative mode of freight transportation to future shippers. (Pet. 2.) By decision served on September 28, 2022, the Board instituted a proceeding under 49 U.S.C. 10502(b) . No comments opposing the transportation merits of UP's petition were filed. The Board's Office of Environmental Analysis (OEA) issued a Draft Environmental Assessment (Draft EA) on May 31, 2023, examining the potential environmental and historic impacts of UP's proposal and requesting public comments, pursuant to the National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4370m-11 , and the National Historic Preservation Act (NHPA), 54 U.S.C. 300101-307108 . As discussed in more detail below, in August 2023, OEA delayed issuance of a Final Environmental Assessment (Final EA) after discovering that there had been significant ground disturbance and damage to National Register of Historic Places-eligible a…