[Federal Register Volume 65, Number 129 (Wednesday, July 5, 2000)]
[Notices]
[Page 41520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16856]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33889]


State of Texas (Acting by and Through the Texas Department of 
Transportation)--Acquisition Exemption--West Texas & Lubbock Railroad 
Company, Inc.

    The State of Texas (acting by and through the Texas Department of 
Transportation), a noncarrier, has filed a verified notice of exemption 
under 49 CFR 1150.31 to acquire the right-of-way underlying a rail line 
(the line) from West Texas & Lubbock Railroad Company, Inc. (WTLR). The 
line is located between milepost 7.2 and milepost 1.1, in Lubbock, TX, 
a distance of approximately 6.1 miles.\1\
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    \1\ The State of Texas will not provide rail freight service on 
the line. WTLR will retain ownership of the rail, ties and other 
track materials and will retain the permanent, irrevocable, 
exclusive rail freight easement to provide service over the line.
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    The transaction was scheduled to be consummated on or shortly after 
June 27, 2000.\2\
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    \2\ The transaction could be consummated no sooner than the June 
23, 2000 effective date of the exemption.
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    If the notice contains false or misleading information, the 
exemption is void ab initio.\3\ Petitions to reopen the proceeding 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 
transaction.
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    \3\ According to the State of Texas, a motion to dismiss will be 
filed in the near future in this proceeding on the grounds that the 
Board does not have jurisdiction over this transaction.
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    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33889, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Charles W. Heald, Executive Director, Texas Department of 
Transportation, 125 E. 11th Street, Austin, TX 78701-2483.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: June 27, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-16856 Filed 7-03-00; 8:45 am]
BILLING CODE 4915-00-M