Dallas, Garland & Northeastern Railroad Company-Discontinuance of Trackage Rights Exemption-in Dallas County, TX, 25229 [2012-10149]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Notices measure (ASM) at West El Camino Avenue (DOT #833688D). This request for approval of an ASM is dismissed without prejudice, as 49 CFR 222.39(b) provides the process by which ASMs are approved. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by June 11, 2012 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78), or online at https://www.dot.gov/ privacy.html. VerDate Mar<15>2010 17:44 Apr 26, 2012 Jkt 226001 Issued in Washington, DC, on April 23, 2012. Ron Hynes, Acting Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2012–10204 Filed 4–26–12; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 585 (Sub-No. 5X)] Dallas, Garland & Northeastern Railroad Company—Discontinuance of Trackage Rights Exemption—in Dallas County, TX Dallas, Garland & Northeastern Railroad Company (DGNO) has filed a verified notice of exemption under 49 CFR. pt. 1152 subpart F–Exempt Abandonments and Discontinuances of Service to discontinue trackage rights over an approximately 6.04-mile line of railroad known as the Elam Branch between approximately milepost 308.80, near Elam, and approximately milepost 314.84, near Briggs, in Dallas County, Tex. (the Line).1 The Line traverses United States Postal Service Zip Codes 75210, 75227, and 75217. DGNO has certified that: (1) No local traffic has moved over the Line for at least 2 years; (2) any overhead traffic on the Line can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the 1 The Line is owned by Dallas Area Rapid Transit (DART). DGNO acquired by assignment from Union Pacific Railroad Company exclusive trackage rights over the Line. See Dallas, Garland & Northeastern Railroad, Inc.—Trackage Rights Exemption—Dallas Area Rapid Transit, FD 34248 (STB served Sept. 12, 2002). In 2003, Regional Rail Right of Way Company (RRROW), a Class III rail carrier and Texas corporation created by DART, acquired an exclusive, perpetual freight rail operating easement and all attendant freight rail common carrier obligations over the Line. See Regional Rail Right of Way Co.—Acquisition & Operation Exemption— Lines of Dallas Area Rapid Transit, FD 34347 (STB served June 3, 2003). DGNO continued to serve the Line under its trackage rights agreement with DART and UP. Upon discontinuance of service by DGNO over the Line, RRROW will continue to be a common carrier authorized to operate on the Line. PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 25229 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). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on May 29, 2012, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2) 2 must be filed by May 7, 2012.3 Petitions to reopen must be filed by May 17, 2012, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to DGNO’s representative: Melanie B. Yasbin, Law Offices of Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at ‘‘www.stb.dot.gov.’’ Decided: April 23, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. White, Clearance Cerk. [FR Doc. 2012–10149 Filed 4–26–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35614] Adams–Warnock Railway, Inc.—Lease and Operation Exemption—Norfolk Southern Railway Company Adams—Warnock Railway, Inc. (AWRY), a noncarrier, has filed a verified notice of exemption under 2 Because this is a discontinuance and not an abandonment, only OFAs to subsidize continued rail service are permitted. Each OFA must be accompanied by the filing fee, which currently is set at $1,500. See 49 CFR 1002.2(f)(25). 3 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Likewise, no environmental or historic documentation is required here under 49 CFR 1105.6(c) and 49 CFR 1105.8(b), respectively. E:\FR\FM\27APN1.SGM 27APN1

Agencies

[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Notices]
[Page 25229]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10149]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 585 (Sub-No. 5X)]


Dallas, Garland & Northeastern Railroad Company--Discontinuance 
of Trackage Rights Exemption--in Dallas County, TX

    Dallas, Garland & Northeastern Railroad Company (DGNO) has filed a 
verified notice of exemption under 49 CFR. pt. 1152 subpart F-Exempt 
Abandonments and Discontinuances of Service to discontinue trackage 
rights over an approximately 6.04-mile line of railroad known as the 
Elam Branch between approximately milepost 308.80, near Elam, and 
approximately milepost 314.84, near Briggs, in Dallas County, Tex. (the 
Line).\1\ The Line traverses United States Postal Service Zip Codes 
75210, 75227, and 75217.
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    \1\ The Line is owned by Dallas Area Rapid Transit (DART). DGNO 
acquired by assignment from Union Pacific Railroad Company exclusive 
trackage rights over the Line. See Dallas, Garland & Northeastern 
Railroad, Inc.--Trackage Rights Exemption--Dallas Area Rapid 
Transit, FD 34248 (STB served Sept. 12, 2002). In 2003, Regional 
Rail Right of Way Company (RRROW), a Class III rail carrier and 
Texas corporation created by DART, acquired an exclusive, perpetual 
freight rail operating easement and all attendant freight rail 
common carrier obligations over the Line. See Regional Rail Right of 
Way Co.--Acquisition & Operation Exemption--Lines of Dallas Area 
Rapid Transit, FD 34347 (STB served June 3, 2003). DGNO continued to 
serve the Line under its trackage rights agreement with DART and UP. 
Upon discontinuance of service by DGNO over the Line, RRROW will 
continue to be a common carrier authorized to operate on the Line.
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    DGNO has certified that: (1) No local traffic has moved over the 
Line for at least 2 years; (2) any overhead traffic on the Line can be 
rerouted over other lines; (3) no formal complaint filed by a user of 
rail service on the Line (or by a state or local government entity 
acting on behalf of such user) regarding cessation of service over the 
Line either is pending with the Surface Transportation Board (Board) or 
with any U.S. District Court or has been decided in favor of 
complainant within the 2-year period; and (4) the requirements at 49 
CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.
    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). To 
address whether this condition adequately protects affected employees, 
a petition for partial revocation under 49 U.S.C. 10502(d) must be 
filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on May 29, 2012, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA to subsidize continued rail 
service under 49 CFR 1152.27(c)(2) \2\ must be filed by May 7, 2012.\3\ 
Petitions to reopen must be filed by May 17, 2012, with the Surface 
Transportation Board, 395 E Street SW., Washington, DC 20423-0001.
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    \2\ Because this is a discontinuance and not an abandonment, 
only OFAs to subsidize continued rail service are permitted. Each 
OFA must be accompanied by the filing fee, which currently is set at 
$1,500. See 49 CFR 1002.2(f)(25).
    \3\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historic 
documentation is required here under 49 CFR 1105.6(c) and 49 CFR 
1105.8(b), respectively.
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    A copy of any petition filed with the Board should be sent to 
DGNO's representative: Melanie B. Yasbin, Law Offices of Louis E. 
Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: April 23, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Cerk.
[FR Doc. 2012-10149 Filed 4-26-12; 8:45 am]
BILLING CODE 4915-01-P