[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Pages 18521-18522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07903]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36110]


Texas & Eastern Railroad, LLC--Change in Operator Exemption--
Texas State Railroad Authority

    Texas & Eastern Railroad, LLC (T&ER), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to assume operations 
over approximately 27 miles of rail line (the Line), between Rusk and 
Palestine, in Anderson and Cherokee Counties, Tex.\1\ T&ER states that 
the Line is owned by the Texas Parks and Wildlife Authority and leased 
to the Texas State Railroad Authority (TSRA). In 2012, TSRA leased the 
Line to Rusk, Palestine & Pacific Railroad, LLC. (RP&P).\2\ The 
verified notice indicates that, as a result of this transaction, T&ER 
will become a carrier and replace RP&P as the Line's exclusive lessee 
and operator. According to T&ER, RP&P is aware that TSRA plans to 
change operators over the Line.
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    \1\ According to T&ER, there are no mileposts on the Line.
    \2\ See Rusk, Palestine & Pac. R.R.--Operation Exemption--Tex. 
State R.R. Auth., FD 35669 (STB served Sept. 14, 2012).
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    The verified notice indicates that RP&P and Union Pacific Railroad 
Company (UP) have an existing agreement that allows RP&P to operate 
over approximately 1.3 miles of track owned and operated by UP between 
a point where the Line connects with UP and UP's yard located in 
Palestine, Tex. T&ER states that it will either take assignment of the 
existing interchange agreement or enter into a new agreement.
    This transaction is related to a concurrently filed verified notice 
of exemption in David L. Durbano--Continuance in Control Exemption--
Texas & Eastern Railroad, LLC, Docket No. FD 36111, in which David L. 
Durbano seeks to continue in control of T&ER upon T&ER's becoming a 
Class III rail carrier.
    T&ER certifies that the underlying lease and operation agreement 
does not contain any provision or agreement that would limit future 
interchange with a third-party connecting carrier. Further, T&ER 
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. Under 49 CFR 1150.32(b), a change in operator requires 
that notice be given to shippers. T&ER certifies that notice of the 
change of operator was served on all known shippers on the Line on 
April 3, 2017.

[[Page 18522]]

    The earliest this transaction can be consummated is May 3, 2017, 
the effective date of the exemption.
    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 April 26, 2017 (at 
least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36110, 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 William A. Mullins, Baker & Miller PLLC, 
2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: April 14, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2017-07903 Filed 4-18-17; 8:45 am]
 BILLING CODE 4915-01-P