[Federal Register Volume 66, Number 140 (Friday, July 20, 2001)]
[Notices]
[Pages 38051-38052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18116]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34063]


Dallas Area Rapid Transit--Acquisition Exemption--Lines of Union 
Pacific Railroad Company

    Dallas Area Rapid Transit (DART), a political subdivision of the 
State of Texas, a Class III rail carrier, has filed a notice of 
exemption under 49 CFR 1150.41 to acquire (by purchase) pursuant to an 
agreement entered into with Union Pacific Railroad Company (UP), as 
indicated in its notice, approximately 60.78 miles of rail line in 
Collin, Dallas, Denton, Grayson and Rockwall Counties, TX, as follows: 
(1) The segment of the Denton Subdivision between approximately 
milepost K-741.3 (Frankford Road) in Carrollton and approximately 
milepost K-729.5 in Lake Dallas (approximately 11.8 miles); (2) the 
segment of the Sherman Subdivision between approximately milepost 285.1 
(Spring Creek Parkway) in Plano and approximately milepost 324.7 at 
South Sherman Junction (approximately 39.6 miles); (3) the Rowlett 
Extension between approximately milepost 745.5 (near Kirby Road) in 
Rowlett and approximately milepost 741.3 in Rockwall (approximately 4.2 
miles); (4)

[[Page 38052]]

the White Rock/Fair Park Connector between approximately milepost 6.93 
(the GC&SF Overpass) at Tenison Park and approximately milepost 5.06 
near Missouri Pacific Junction (approximately 1.87 miles); and (5) the 
Brookhollow Branch Line between the DFW Main at approximately milepost 
0.0 and the Denton Subdivision at approximately milepost 3.31 
(approximately 3.31 miles).
    DART will acquire UP's interest in the rail right-of-way on the 
Denton Subdivision between approximately milepost K-729.5 in Lake 
Dallas and approximately milepost K-721.53 in Denton (City of Denton 
Line) that is presently subject to a trail use agreement between UP and 
the City of Denton. See Missouri Pacific Railroad Company--Abandonment 
Exemption--In Denton County, TX, Docket No. AB-3 (Sub-No. 99X) (ICC 
served May 28, 1993). Among other things, DART will acquire UP's right 
to restart freight service on the City of Denton Line. DART states that 
it has no intention of exercising that right at the present time, but 
that the right to restart freight service is a residual common carrier 
interest and the acquisition of that right requires Board approval. See 
Norfolk & Western Railway Company--Abandonment Between St. Marys and 
Minster in Auglaize County, OH, Docket No. AB-290 (Sub-No. 68) (ICC 
served Oct. 25, 1993).
    DART will also acquire the above-referenced segment of the Denton 
Subdivision, the above-referenced segment of the Sherman Subdivision, 
the Rowlett Extension and the Brookhollow Branch Line, subject to the 
Dallas, Garland and Northeastern Railroad, Inc.'s (DGNO) leasehold 
interest in those lines for the operation of freight service and will 
acquire the White Rock/Fair Park Connector subject to the trackage 
rights of certain freight railroads in that segment.\1\ DART certifies 
that its annual revenues will not exceed those that would qualify it as 
a Class III rail carrier and that its annual freight revenues are not 
projected to exceed $5 million.
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    \1\ DART will also acquire from UP: (1) All spur and lead tracks 
connecting with the Brookhollow Branch Line; (2) the approximately 
0.5-mile lead track from the Denton Subdivision to the Coca Cola 
Bottling Plant; (3) the SSW bridge across I-30 at Dallas Convention 
Center and South Side Development, and (4) the H&TC bridge across I-
30 between Dallas Farmer's Market and DART right-of-way north of the 
LRT Yard Lead. The acquisition of these spur tracks, lead tracks and 
other property interests do not require Surface Transportation Board 
approval. See 49 U.S.C. 10906.
    DGNO's leasehold interest in the Sherman Subdivision, the 
Rowlett Extension, and the Brookhollow branch line will be the 
subject of a forthcoming petition for exemption, wherein DGNO will 
seek exemption from the Board for approval to convert most of its 
leasehold interests into trackage rights with DART. There is no 
freight traffic over the portion of the Sherman Subdivision being 
acquired by DART between approximately milepost 285.1 (Spring Creek 
Parkway) and approximately milepost 290.5 (Stacy Road). DART states 
that shortly after consummation of the acquisition of the above 
segment DART will seek Board authority to abandon that segment and 
DGNO will seek Board authority to discontinue its lease on that 
segment.
    The Burlington Northern Santa Fe Railway Company, DGNO and 
possibly other freight railroads have trackage rights over the White 
Rock/Fair Park Connector. There is no current local freight service 
on the White Rock/Fair Park Connector segment, and any local or 
overhead freight railroad operations on the White Rock/Fair Park 
Connector in the future will be conducted by entities other than 
DART pursuant to such trackage rights.
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    The transaction was scheduled to be consummated on or before June 
28, 2001, the effective date of the exemption.
    If the notice contains false or misleading information, the 
exemption is void ab initio. 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34063, 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 Kevin M. Sheys, Kirkpatrick & Lockhart LLP, 1800 
Massachusetts Avenue, 2nd Floor, Washington, DC 20036.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: July 13, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
 Secretary.
[FR Doc. 01-18116 Filed 7-19-01; 8:45 am]
BILLING CODE 4915-00-P