[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Notices]
[Pages 57188-57189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22842]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35669]


Rusk, Palestine & Pacific Railroad, LLC--Operation Exemption--
Texas State Railroad Authority

    Rusk, Palestine & Pacific Railroad, LLC (RP&P), formerly American 
Heritage Railways of Texas, LLC (American), a noncarrier subsidiary of 
Iowa Pacific Holdings, LLC (IPH), has filed a verified notice of 
exemption under 49 CFR 1150.31 to operate approximately 27 miles of 
railroad \1\ (the Line) between Rusk and Palestine, Tex., currently 
owned by the Texas Parks and Wildlife Authority. The Line is leased to 
the Texas State Railroad Authority, which has entered into an operating 
agreement with American/RP&P. American had been operating a noncommon 
carrier intrastate excursion passenger railroad over the Line using the 
name Texas State Railroad. RP&P plans to continue that service using 
the name Texas State Railroad and plans to restore common carrier 
freight service over the Line using the name RP&P.\2\ RP&P also seeks 
incidental trackage rights for the purpose of interchange over 
approximately 1.3 miles of track owned and operated by the Union

[[Page 57189]]

Pacific Railroad Company (UP) that connects to UP's rail yard in 
Palestine, Tex.\3\
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    \1\ RP&P states there are no mileposts on the line.
    \2\ RP&P states that there are no agreements applicable to the 
line imposing any interchange commitments.
    \3\ On August 31, 2012, UP submitted a letter to the Board 
confirming that it is willing to enter into an interchange agreement 
with RP&P and that such an agreement has been drafted but not yet 
executed.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Iowa Pacific Holdings, LLC and Permian Basin Railways--
Continuance in Control Exemption--Rusk, Palestine & Pacific Railroad, 
LLC, Docket No. FD 35668, in which IPH and Permian Basin Railways seek 
to continue in control of RP&P, upon RP&P's becoming a Class III rail 
carrier.
    The transaction may be consummated on or after September 29, 2012 
(30 days after the notice of exemption was filed).
    RP&P certifies that its projected annual revenues as a result of 
this transaction will not result in RP&P's becoming a Class I or Class 
II rail carrier and will not exceed $5 million.
    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. Petitions for stay must be filed no later than September 21, 
2012 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35669, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on John D. Heffner, Strasburger & Price, LLP, 
1700 K Street NW., Suite 640, Washington, DC 20006.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: September 12, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-22842 Filed 9-14-12; 8:45 am]
BILLING CODE 4915-01-P