[Federal Register Volume 69, Number 239 (Tuesday, December 14, 2004)]
[Notices]
[Pages 74567-74568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27339]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-281 (Sub-No. 1X)]


Texas North Western Railway Company--Abandonment Exemption--in 
Moore, Hutchinson and Hansford Counties, TX

    Texas North Western Railway Company (TXNW)\1\ has filed a notice of 
exemption under 49 CFR 1152 subpart F--Exempt Abandonments to abandon 
approximately 21.9 miles of its line of railroad known as the Capps 
Spur located in Moore, Hutchinson, and Hansford Counties, TX. The line 
extends from milepost 20.0 at Capps, TX, through milepost 29.9 at 
Morse, Junction, TX, to the end of the track at milepost 34.0 in Morse, 
TX (14.0 miles), and from milepost 29.9 at Morse Junction to the end of 
the track at milepost 37.8 in Pringle, TX (7.9 miles), The line 
traverses United States Postal Service Zip Codes 79086, 79083, and 
79062.\2\
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    \1\ TXNW is a wholly owned subsidiary of TNW Corporation. See 
TNW Corporation-Continuance in Control Exemption-Texas Rock Crusher 
Railway Company, STB Finance Docket No. 33564 (STB served Mar. 20, 
1998).
    \2\ TXNW states that the Capps Spur forms the eastern end of 
TXNW's current rail line, the active portion of which extends west 
from Capps to a connection with The Burlington Northern and Santa Fe 
Railway Company at Etter Junction, TX. Additional TXNW lines 
extending north from the Capps Spur at Morse and South from the 
Capps Spur at Pringle were abandoned in 1987. See Texas North 
Western Railway Company-Abandonment and Discontinuance of Service 
Exemption-Hansford and Hutchinson Counties, TX; Texas County, OK; 
and Seward County, KS, Docket No. AB-281X (ICC served Aug. 19, 
1987).
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    TXNW has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic formerly handled on 
the line can be rerouted over other lines; \3\ (3) no formal complaint 
filed by a user of rail service on the line (or by a state or local 
government entity acting on behalf of such user) regarding cessation of 
service over the line either is pending with the Board or with any U.S. 
District Court or has been decided in favor of complainant within the 
2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental 
reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal 
letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.
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    \3\ TXNW notes that, at one time, The Atchison, Topeka and Santa 
Fe Railway Company held overhead trackage rights on TXNW's Etter 
Junction-Morse line, but those rights were discontinued in 1990. See 
The Atchison, Topeka and Santa Fe Railway Company-Discontinuance of 
Trackage Rights Exemption-In Moore, Hutchinson and Hansford 
Counties, TX, Docket No. AB-52 (Sub-No. 63X) (ICC served July 16, 
1990).
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    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether this 
condition adequately protects affected employees, a petition for 
partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on January 13, 2005, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\4\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\5\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
December 23, 2004. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 3, 2005, with: 
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-
0001.
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    \4\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis (SEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). 
Any request for a stay should be filed as soon as possible so that 
the Board may take appropriate action before the exemption's 
effective date.
    \5\ Effective October 31, 2004, the filing fee for an OFA 
increased to $1,200. See Regulations Governing Fees for Services 
Performed in Connection with Licensing and Related Services-2004 
Update, STB Ex Parte No. 542 (Sub-No. 11) (STB served Oct. 1, 2004).
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    A copy of any petition filed with the Board should be sent to the 
TXNW's representative: Thomas J. Litwiler, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    TXNW has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources.

[[Page 74568]]

SEA will issue an environmental assessment (EA) by December 17, 2004. 
Interested persons may obtain a copy of the EA by writing to SEA (Room 
500, Surface Transportation Board, Washington, DC 20423-0001) or by 
calling SEA, at (202) 565-1539. [Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.] Comments on environmental and historic preservation 
matters must be filed within 15 days after the EA becomes available to 
the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), TXNW shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by TXNW's filing of a notice of 
consummation by December 14, 2005, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 8, 2004.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-27339 Filed 12-13-04; 8:45 am]
BILLING CODE 4915-01-P