[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Notices]
[Page 37192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15855]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35494]


Mid-Michigan Railroad, Inc., d/b/a Texas Northeastern Railroad--
Trackage Rights Exemption--Line of Texas Department of Transportation

    Pursuant to a written trackage rights agreement,\1\ the Texas 
Department of Transportation (TxDOT), a Class III rail carrier, has 
agreed to grant local trackage rights to Mid-Michigan Railroad, Inc., 
d/b/a Texas Northeastern Railroad (TNER) over 1.28 miles of rail line, 
part of Union Pacific Railroad Company's (UP) Bonham Subdivision, 
between mileposts 127.5 and 128.78, in Fannin County, TX.\2\ A related 
verified notice of exemption was concurrently filed in Docket No. FD 
35493, Texas Department of Transportation--Acquisition Exemption--Line 
of Union Pacific Railroad Company, in which TxDOT seeks to acquire from 
UP the 1.28 miles of rail line that is the subject of this transaction.
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    \1\ A copy of the trackage rights agreement was submitted with 
the notice of exemption.
    \2\ The notice was originally submitted on June 3, 2011, but was 
supplemented on June 8, 2011. Therefore, June 8, 2011 will be the 
official filing date and the basis for all due dates.
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    The purpose of the trackage rights is to provide rail service to 
potential customers in Bonham, TX, that were capable of being served by 
TNER pursuant to a lease of the subject line from UP.\3\ TNER will 
operate its own trains with its own crews under the trackage rights 
agreement. In addition to the trackage rights, TxDOT will lease the 
line to an operator that will provide tourist passenger operations.\4\
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    \3\ As part of this transaction, TNER advises that the UP-TNER 
lease will be terminated.
    \4\ At Article 1(b) of the trackage rights agreement, TxDOT 
states that it will ``give priority to TNER's freight train 
operations.'' TxDOT must ensure that tourist train operations do not 
interfere with TNER's ability to carry out its common carrier 
obligation.
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    The proposed transaction is scheduled to be consummated on or after 
July 8, 2011, the effective date of the exemption (30 days after the 
exemption was filed).
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease & 
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). 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 effectiveness of the exemption. Stay petitions 
must be filed by July 1, 2011 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35494, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Richard H. Streeter, 5255 Partridge Lane, 
NW., Washington, DC 20016.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: June 20, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-15855 Filed 6-23-11; 8:45 am]
BILLING CODE 4915-01-P