[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Notices]
[Pages 19617-19618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5545]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-439 (Sub-No. 6X); STB Docket No. AB-585 (Sub-No. 
1X)]


Dallas Area Rapid Transit--Abandonment Exemption--in Collin 
County, TX; Dallas, Garland and Northeastern Railroad--Discontinuance 
of Service Exemption--in Collin County, TX

    Dallas Area Rapid Transit (DART), a political subdivision of the 
State of Texas, and Dallas, Garland and Northeastern Railroad (DGNO), a 
Class III rail carrier, have jointly filed a notice of exemption under 
49 CFR part 1152 subpart F--Exempt Abandonments and Discontinuances of 
Service for DART to abandon, and for DGNO to discontinue service, over 
approximately 8.85 miles of railroad, between milepost 281.65, near 
Plano, and milepost 290.5, near Allen, in Collin County, TX.\1\ The 
line traverses United States Postal Service Zip Codes 75023, 75024, 
75025, 75026, 75074, 75075, 75086, 75093, 75094, 75002, and 75013.
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    \1\ The line is currently owned by DART. DGNO has trackage 
rights over the portion of the line from milepost 281.65 to milepost 
285.1, and a lease for freight operations over the segment between 
mileposts 285.1 and 290.5.
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    DART and DGNO have certified that: (1) No local traffic has moved 
over the line for at least 2 years; (2) any overhead traffic on the 
line can be rerouted over other lines; (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 Surface Transportation Board 
(Board) or with

[[Page 19618]]

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.
    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, these exemptions will be 
effective on May 16, 2006,\2\ unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
April 24, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by May 4, 2006, with the 
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-
0001.
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    \2\ DART states that it intends to rail bank the line under the 
National Trails System Act, 16 U.S.C. 1247(d) (Trails Act). In order 
to rail bank the line in its own name, DART must file with the Board 
a request for the imposition of a trail use/rail banking condition 
in compliance with Trails Act regulations.
    \3\ 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 exemptions' 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 exemptions' 
effective date.
    \4\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,200, and will increase to $1,300, effective 
April 19, 2006. See Regulations Governing Fees for Services 
Performed in Connection with Licensing and Related Services--2006 
Update, STB Ex Parte No. 542 (Sub-No. 13) (STB served Mar. 20, 
2006).
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    A copy of any petition filed with the Board should be sent to 
applicants' representatives: Edward J. Fishman and Janie Sheng, 
Kirkpatrick & Lockhart Nicholson Graham LLP, 1601 K Street, NW., 
Washington, DC 20036; and Gary Laakso, Dallas, Garland and Northeastern 
Railroad, c/o RailAmerica, Inc., 5300 Broken Sound Boulevard, NW., 2nd 
Floor, Boca Raton, FL 33487.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    DART and DGNO have filed an environmental report which addresses 
the effects, if any, of the abandonment and discontinuance on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by April 21, 2006. Interested persons may obtain a copy 
of the EA by writing to SEA (Room 500, Surface Transportation Board, 
Washington, DC 20423) 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), DART 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 DART's filing of a notice of 
consummation by April 14, 2007, 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: April 10, 2006.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-5545 Filed 4-13-06; 8:45 am]
BILLING CODE 4915-01-P