[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Notices]
[Page 37191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15864]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35493]


Texas Department of Transportation--Acquisition Exemption--Line 
of Union Pacific Railroad Company

    Texas Department of Transportation (TxDOT), a Class III rail 
carrier, has filed a supplemental verified notice of exemption \1\ 
under 49 CFR 1150.41 to acquire from Union Pacific Railroad Company 
(UP) 1.28 miles of rail line on UP's Bonham Subdivision between 
mileposts 127.5 and 128.78, in Fannin County, TX.
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    \1\ 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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    TxDOT states that it has reached an agreement with UP whereby TxDOT 
will acquire UP's right, title, and interest in certain personal and 
real property in Fannin County. TxDOT further states that it will also 
enter into an agreement with the Fannin Rural Rail Transportation 
District (FRRTD) that will permit FRRTD or its operator to conduct 
tourist passenger operations between mileposts 94.0 and 128.78.\2\
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    \2\ TxDOT was authorized to acquire UP's interest in a 
connecting rail line between mileposts 94.0 and 127.5. See State of 
Texas, acting by and through the Texas Depart. of Transp.--Acq. 
Exemp.--Union Pacific RR, FD 34834 (STB served Feb. 24, 2006).
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    A related verified notice of exemption was concurrently filed in 
Docket No. FD 35494, Mid-Michigan Railroad, Inc., d/b/a Texas 
Northeastern Railroad--Trackage Rights Exemption--Texas Department of 
Transportation, whereby, following consummation of this transaction, 
TxDOT will grant trackage rights to Mid-Michigan Railroad, Inc., d/b/a 
Texas Northeastern Railroad to perform freight rail service over the 
line.
    TxDOT certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million.
    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).
    If the verified 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 no later than 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 35493, 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. 2011-15864 Filed 6-23-11; 8:45 am]
BILLING CODE 4915-01-P