[Federal Register Volume 84, Number 154 (Friday, August 9, 2019)]
[Notices]
[Page 39392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17092]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36319]


Texas Pacifico Transportation, Ltd.--Trackage Rights Exemption--
Union Pacific Railroad Company

    Texas Pacifico Transportation, LTD. (TXPF), has filed a verified 
notice of exemption under 49 CFR 1180.2(d)(7) to acquire overhead 
trackage rights from Union Pacific Railroad Company (UP). TXPF states 
that UP, pursuant to a written trackage rights agreement, has granted 
TXPF overhead trackage rights over approximately 11.18 miles of UP's 
rail line between UP's connection with TXPF at Alpine, Tex., in the 
vicinity of UP's milepost 608.46, and UP's connection with TXPF at 
Paisano Junction, Tex., in the vicinity of UP's milepost 619.64.\1\
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    \1\ A redacted copy of the agreement, dated March 5, 2019, is 
attached to the verified notice. An unredacted copy has been filed 
under seal along with a motion for protective order pursuant to 49 
CFR 1104.14. That motion is addressed in a separate decision.
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    The verified notice states that TXPF leases a line of railroad 
owned by the State of Texas extending from San Angelo Junction to 
Alpine and from Paisano Junction to the U.S.-Mexico border at Presidio, 
Tex., and that the trackage rights at issue here will provide 
connectivity between the two parts of TXPF's current operation.\2\
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    \2\ The verified notice states that, in 1992, Southern Pacific 
Transportation Company (SP) granted trackage rights to the South 
Orient Railroad Company, Ltd. (SORC), in ICC Docket No. FD 32032, 
and that those rights were assigned to TXPF when TXPF acquired 
SORC's operations pursuant to Texas Pacifico Transportation, Ltd.--
Acquisition & Operation Exemption--South Orient Railroad, FD 33851 
(STB served Mar. 3, 2000). According to TXPF, that trackage rights 
agreement was terminated by UP following expiration of its initial 
term, and TXPF and UP negotiated a new trackage rights agreement, 
which is the subject of TXPF's verified notice here. The verified 
notice states that the mileposts on UP's line were changed following 
merger between UP and SP, therefore, the new agreement mileposts do 
not match the mileposts in the prior agreement.
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    The transaction is scheduled to be consummated on the effective 
date of the notice of exemption. The earliest this transaction may be 
consummated is August 23, 2019, the effective date of the exemption (30 
days after the verified notice of exemption was filed).
    As a condition to this exemption, any employees affected by the 
acquisition of 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).
    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 to stay must be filed by August 16, 2019 (at least 
seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36319, must be filed with 
the Surface Transportation Board, either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on TXPF's representative, Jeffrey 
S. Lisson, Carter, Boyd, Lisson & Hohensee, P.C., 515 W. Harris, Ste. 
100, San Angelo, TX 76903.
    According to TXPF, this transaction does not require environmental 
documentation under 49 CFR 1105.6(c) and is exempt from historic 
preservation reporting under 49 CFR 1105.8(b)(3).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 6, 2019.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-17092 Filed 8-8-19; 8:45 am]
 BILLING CODE 4915-01-P