[Federal Register Volume 71, Number 212 (Thursday, November 2, 2006)]
[Notices]
[Pages 64608-64609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18411]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-998X]


Timber Rock Railroad, Inc.--Discontinuance of Service Exemption--
In Burleson, Brazos, Grimes, Montgomery, Liberty, Hardin and Jefferson 
Counties, TX

    On October 13, 2006, Timber Rock Railroad, Inc. (TIBR) filed with 
the Surface Transportation Board a petition under 49 U.S.C. 10502 for 
exemption from the provisions of 49 U.S.C. 10903. TIBR seeks to 
discontinue service over a 116-mile portion of rail line that it 
operates under lease from BNSF Railway Company (BNSF), the owner of the 
line. The line extends between (1) milepost 149.5 near Silsbee, TX, and 
milepost 52.5 near Dobbin, TX, (2) milepost 20.70 near Silsbee, TX, and 
milepost 4.5 near Beaumont, TX, and (3) milepost 149.5 and milepost 
152.30 and track No. 498 in the Silsbee Yard near Silsbee, TX. TIBR 
also seeks to discontinue its 54.72 miles of overhead trackage rights 
operations over BNSF lines extending between (1) milepost 52.5 near 
Dobbin, TX, and milepost 144.0 on the BNSF Galveston Subdivision at 
Somerville, TX, and (2) milepost 4.5 near Beaumont, TX, and milepost 
2.28 at Beaumont, TX.\1\ The lines traverse U.S. Postal Service Zip 
Codes 77703, 77708, 77713, 77657, 77709, 77656, 77625, 77374, 77376, 
77369, 77368, 77327, 77328, 77301, 77302, 77304, 77306, 77316, 77356, 
77333, 77363, 77868, 77869 and 77879. The lines are located in 
Burleson, Brazos, Grimes, Montgomery, Liberty, Hardin and Jefferson 
Counties, TX. They include the stations of Dobbin, Montgomery, Conroe, 
Youens, Waukegan, Security, Fostoria, Cleveland, Hightower, Rayburn, 
Dollen, Romayor, Votaw, Bragg, Honey Island and Kountze. TIBR states 
that BNSF will resume providing both local and overhead operations on 
the lines.
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    \1\ TIBR was authorized to lease from BNSF and operate 
approximately 117.82 miles of rail line in Texas. TIBR also was 
authorized to acquire 54.72 miles of incidental overhead trackage 
rights over connecting BNSF rail lines. See Timber Rock Railroad, 
Inc. Lease Exemption--The Burlington Northern and Santa Fe Railway 
Company, STB Finance Docket No. 34503 (STB served July 14, 2004, and 
Oct. 8, 2004). TIBR will continue to lease the 0.46-mile line 
between milepost 0.5 and milepost 0.96 near Kirbyville, TX, a .26-
mile portion between milepost 152.30 and milepost 152.56 at Silsbee, 
TX, and a 1.10-mile portion between milepost 20.70 and 21.8 at 
Silsbee, TX, and the Silsbee Yard Tracks, except for Track No. 498, 
to accommodate better the continued interchange of traffic between 
BNSF and TIBR at Silsbee, TX.
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    The lines do not contain federally granted rights-of-way. Any 
documentation in TIBR's possession will be made available promptly to 
those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by January 31, 2007.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
to subsidize continued rail service will be due no later than 10 days 
after service of a decision granting the petition for exemption. Each 
offer must be accompanied by a $1,300 filing fee. See 49 CFR 
1002.2(f)(25).\2\
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    \2\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historic 
documentation is required under 49 CFR 1105.6(c) and 1105.8.
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    All filings in response to this notice must refer to STB Docket No. 
AB-998X, and must be sent to: (1) Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001, and (2) Karl Morell, Ball Janik 
LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment or discontinuance regulations 
at 49 CFR part 1152.

[[Page 64609]]

Questions concerning environmental issues may be directed to the 
Board's Section of Environmental Analysis (SEA) at (202) 565-1539. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: October 25, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-18411 Filed 11-1-06; 8:45 am]
BILLING CODE 4915-01-P