[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Notices]
[Pages 68656-68657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30609]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1050X, STB Docket No. AB-585 (Sub-No. 4X), STB 
Docket No. AB-33 (Sub-No. 288X)]


Regional Rail Right of Way Company--Abandonment Exemption--in 
Collin and Dallas Counties, TX; Dallas, Garland and Northeastern 
Railroad, Inc.--Discontinuance Exemption--in Collin and Dallas 
Counties, TX; Union Pacific Railroad Company--Discontinuance 
Exemption--in Collin and Dallas Counties, TX

    Regional Rail Right of Way Company (RRROW), Dallas, Garland and 
Northeastern Railroad, Inc. (DGNO), and Union Pacific Railroad Company 
(UP) (collectively, applicants) have jointly filed a verified notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Service and Trackage Rights for RRROW to abandon, 
and for DGNO and UP to discontinue trackage rights over, a 5.34-mile 
line of railroad known as the Cotton Belt, extending between milepost 
592.43 at Renner Junction and milepost 597.77 at Knoll Trail Road in 
Collin and Dallas Counties, TX.\1\ The line traverses

[[Page 68657]]

United States Postal Service Zip Codes 75248, 75252 and 75080.
---------------------------------------------------------------------------

    \1\ In 1999, DGNO acquired, inter alia, local trackage rights 
over the line from UP, a successor in interest to St. Louis 
Southwestern Railway Company, which held both local and overhead 
trackage rights at the time. See Dallas, Garland & Northeastern 
Railroad, Inc.--Lease Exemption--Union Pacific Railroad Company, STB 
Finance Docket No. 33686 (STB served Feb. 5, 1999). In 2003, Dallas 
Area Rapid Transit (DART) acquired, inter alia, from RRROW, a 
successor in interest to Dallas Area Rapid Transit Property 
Acquisition Corporation, the right, title, and ownership interest in 
the right-of-way, trackage, and other physical assets associated 
with the line, subject to RRROW's reservation of an exclusive, 
perpetual freight rail operating easement. See Dallas Area Rapid 
Transit--Acquisition Exemption--Certain Assets of Regional Rail 
Right of Way Company, STB Finance Docket No. 34346 (STB served June 
3, 2003). DART currently owns the line. RRROW owns a freight rail 
operating easement over the line (including the residual common 
carrier obligation to provide freight service), and DGNO owns local 
trackage rights over the line. Although RRROW believes that UP does 
not retain any trackage rights over the line as a result of the 
aforementioned 1999 transaction with DGNO, UP is joining this 
transaction out of an abundance of caution to discontinue any 
trackage rights that UP may continue to have over the line.
---------------------------------------------------------------------------

    Applicants 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 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 report), 49 CFR 1105.8 (historic report), 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 these exemptions, 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 January 27, 2010, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
January 7, 2010. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 19, 2010, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \2\ 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.
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicants' representatives: For RRROW, Edward J. Fishman, K&L Gates 
LLP, 1601 K Street, NW., Washington, DC 20006; for DGNO, Scott 
Williams, Senior V.P. and General Counsel, RailAmerica, 7411 Fullerton 
Street, Suite 300, Jacksonville, FL 32256; and for UP, Mack H. Shumate, 
Jr., Senior General Attorney, Union Pacific Railroad Company, 101 North 
Wacker Drive, Room 1920, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    Applicants have filed a combined environmental and historic report 
that addresses the effects, if any, of the abandonment and 
discontinuances on the environment and historic resources. SEA will 
issue an environmental assessment (EA) by December 31, 2009. Interested 
persons may obtain a copy of the EA by writing to SEA (Room 1100, 
Surface Transportation Board, Washington, DC 20423-0001) or by calling 
SEA, at (202) 245-0305. 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), RRROW 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 affected by RRROW's filing of a notice of 
consummation by December 28, 2010, 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 
www.stb.dot.gov.

    Decided: December 22, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-30609 Filed 12-24-09; 8:45 am]
BILLING CODE 4915-01-P