[Federal Register Volume 84, Number 221 (Friday, November 15, 2019)]
[Notices]
[Pages 62561-62562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24828]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1108 (Sub-No. 1X)]


The Blacklands Railroad--Discontinuance of Service Exemption--in 
Hunt, Delta, Hopkins, Franklin and Titus Counties, Tex.

    On October 28, 2019, The Blacklands Railroad (BLR) filed a petition 
under 49 U.S.C. 10502 for exemption from the prior approval 
requirements of 49 U.S.C. 10903 to discontinue its operations over 
approximately 76 miles of rail line (the Line) in Hunt, Delta, Hopkins, 
Franklin, and Titus Counties, Tex.\1\ In particular, BLR seeks 
authority to discontinue its operating rights over: (1) Approximately 
31 miles of a line of railroad owned by the Northeast Texas Rural Rail 
Transportation District (NETEX) from milepost 524.0, located 6.2 miles 
west of Sulphur Springs, to milepost 555.0, near Greenville (also known 
as Simtrott); (2) an additional 34.59 miles of NETEX's line, from 
milepost 524.0 to milepost 489.41, at the eastern county line of 
Franklin County; and (3) trackage rights acquired by NETEX over a Union 
Pacific Railroad Company (UP) line, from milepost 489.41 to milepost 
479.0 at Mt. Pleasant where BLR interchanges traffic with UP.\2\ The 
Line traverses U.S. Postal Service Zip Codes 75455, 75493, 75457, 
75478, 75482, 75401, 75433, 75428, and 75402.
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    \1\ BLR initially submitted its petition on October 25, 2019. In 
light of a supplement filed on October 28, 2019, that date is deemed 
the filing date of the petition for exemption.
    \2\ BLR states that it also leases directly from UP the segment 
between milepost 489.40 and milepost 481.5, and that these leased 
operations from UP are not the subject of the discontinuance 
authority sought in this proceeding. See Blacklands R.R.--Lease & 
Operation Exemption--Union Pac. R.R., FD 34723 (STB served July 26, 
2005).
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    According to BLR, its operations over the Line have resulted in 
significant financial losses over the last four years and there is no 
reasonable basis to believe profitability will improve in the near 
future. In addition, BLR states that, upon discontinuance, no customer 
on the Line will be left without common carrier service because NETEX 
is itself a Class III rail carrier on the Line.\3\
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    \3\ BLR states that NETEX sought and received authority to 
acquire and operate the Line as a common carrier in Northeast Texas 
Rural Rail Transportation District--Purchase (Portion) Exemption--
St. Louis Southwestern Railway Company, FD 32841 (STB served Jan. 
26, 1996) and Northeast Texas Rural Rail Transportation District--
Acquisition Exemption--Lines of Union Pacific Railroad Company, FD 
33892 (STB served Jul. 26, 2000).
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    BLR states that it believes the Line does not contain any federally 
granted rights-of-way. BLR states that any documentation in its 
possession will be made available to those requesting it.

[[Page 62562]]

    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service shall be protected under Oregon Short 
Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, 
in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by February 14, 2020.
    Because this is a discontinuance proceeding and not an abandonment 
proceeding, trail use/rail banking and public use conditions are not 
appropriate. Because there will be environmental review during any 
subsequent abandonment, this discontinuance does not require an 
environmental review. See 49 CFR 1105.6(c)(5), 1105.8(b).
    Any offer of financial assistance (OFA) for subsidy under 49 CFR 
1152.27(b)(2) will be due no later than 120 days after the filing of 
the petition for exemption, or 10 days after service of a decision 
granting the petition for exemption, whichever occurs sooner.\4\ 
Persons interested in submitting an OFA must first file a formal 
expression of intent to file an offer by November 25, 2019, indicating 
the intent to file an OFA for subsidy and demonstrating that they are 
preliminarily financially responsible. See 49 CFR 1152.27(c)(1)(i).
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    \4\ The filing fee for OFAs can be found at 49 CFR 
1002.2(f)(25).
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    All filings in response to this notice must refer to Docket No. AB 
1108 (Sub-No. 1X) and 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 BLR's representative, Thomas J. Litwiler, Fletcher & Sippel 
LLC, 29 N. Wacker Drive, Suite 800, Chicago, IL 60606. Replies to this 
petition are due on or before December 5, 2019.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment and discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis at (202) 245-0305. Assistance 
for the hearing impaired is available through the Federal Relay Service 
at (800) 877-8339.
    Board decisions and notices are available at www.stb.gov.

    Decided: November 12, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2019-24828 Filed 11-14-19; 8:45 am]
 BILLING CODE 4915-01-P