[Federal Register Volume 67, Number 42 (Monday, March 4, 2002)]
[Notices]
[Pages 9803-9804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4926]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34168]


West Texas & Lubbock Railroad Company, Inc. and the Burlington 
and Northern and Santa Fe Railway Company--Joint Relocation Project 
Exemption--in Lubbock, TX

    On February 20, 2002, West Texas & Lubbock Railroad Company, Inc. 
(WTLR) filed a notice of exemption under 49 CFR 1180.2(d)(5) to 
participate in a joint relocation project with The Burlington Northern 
and Santa Fe Railway Company (BNSF) in Lubbock, Lubbock County, TX.\1\ 
The transaction was scheduled to be consummated after February 22, 
2002. The earliest the transaction can be consummated is February 27, 
2002, the effective date of the exemption (7 days after the verified 
notice of exemption was filed).
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    \1\ The joint relocation project is part of a plan to 
accommodate the upgrade of U.S. Highway 82 in downtown Lubbock to a 
multilane, multilevel, controlled-access freeway. See State of Texas 
(Acting by and Through the Texas Department of Transportation)--
Acquisition Exemption--West Texas & Lubbock Railroad Company, Inc., 
STB Finance Docket No. 33889 (STB served July 5, 2000 and Mar. 6, 
2001).
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    Under the joint relocation project, WTLR and BNSF propose the 
following transactions:
    (1) WTLR will relocate to a new connecting track, which is to be 
built on behalf of WTLR by the City of Lubbock, located between WTLR 
milepost 7.2 and BNSF milepost 83.6, in Lubbock;
    (2) BNSF will grant overhead trackage rights to WTLR over BNSF's 
line extending from BNSF milepost 83.6, at Broadview, TX, to BNSF 
milepost 88.6, at Canyon Jct., TX, a distance of approximately 5 miles;
    (3) WTLR will abandon approximately 6.1 miles of its line between 
WTLR milepost 7.2 and WTLR milepost 1.1, in Lubbock.
    WTLR states that the proposed joint relocation project will not 
disrupt service to shippers.\2\ Additionally, WTLR states that the 
relocated line and trackage rights will not involve an expansion of 
service by WTLR into a new territory but will enable WTLR to preserve 
its current connection with BNSF in downtown Lubbock once WTLR abandons 
its line.
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    \2\ There are no shippers located on the WTLR line being 
abandoned.
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    The Board will exercise jurisdiction over the abandonment or 
construction components of a relocation project, and require separate 
approval or exemption, only where the removal of track affects service 
to shippers or the construction

[[Page 9804]]

of new track involves expansion into new territory. See City of Detroit 
v. Canadian National Ry. Co., et al., 9 I.C.C.2d 1208 (1993), aff'd sub 
nom. Detroit/Wayne County Port Authority v. ICC, 59 F.3d 1314 (D.C. 
Cir. 1995). Line relocation projects may embrace trackage rights 
transactions such as the one involved here. See D.T.&I.R.-Trackage 
Rights, 363 I.C.C. 878 (1981). Under these standards, the incidental 
abandonment, construction, and trackage rights components require no 
separate approval or exemption when the relocation project, as here, 
will not disrupt service to shippers and thus qualifies for the class 
exemption at 49 CFR 1180.2(d)(5).
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    If the 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 transaction.
    An original and 10 copies of all pleadings, referring STB Finance 
Docket No. 34168, must be filed with the Surface Transportation Board, 
Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Karl Morell, Esq., BALL JANIK LLP, 1455 F Street, NW., Suite 
225, Washington, DC 20005.
    Board decisions and notices are available on our website at 
www.stb.dot.gov.

    Decided: February 25, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-4926 Filed 3-1-02; 8:45 am]
BILLING CODE 4915-00-P