[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Notices]
[Page 25229]
From the Federal Register Online via the Government Publishing 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