[Federal Register Volume 65, Number 83 (Friday, April 28, 2000)]
[Notices]
[Pages 25038-25039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10751]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-501 (Sub-No. 3X)]


Central of Tennessee Railway and Navigation Company, 
Incorporated--Discontinuance of Service Exemption--In Bastrop, Burnet, 
Lee, Llano, Travis and Williamson Counties, TX

    On March 24, 2000 \1\, Central of Tennessee Railway and Navigation 
Company, Incorporated, d.b.a. The Longhorn Railway Company (Longhorn), 
filed with the Surface Transportation Board (Board) a petition under 49 
U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903

[[Page 25039]]

to discontinue service over a rail line owned by Capital Metropolitan 
Transportation Authority (CMTA) extending between milepost 0.0 west of 
Giddings, TX, and milepost 154.07 at Llano, TX, including the Marble 
Falls Branch (6.43 miles), the Scobee Spur (3.3 miles), and the Burnett 
Spur (.93 miles), a distance of approximately 162 miles in Bastrop, 
Burnet, Lee, Llano, Travis and Williamson Counties, TX.\2\
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    \1\ Petitioner's initial filing on March 24, 2000, lacked 
necessary zip code and station information. A complete petition was 
not obtained until April 24, 2000. Accordingly, we have treated that 
date as the actual filing date and the dates for issuance of a final 
decision and for the filing of any offers of financial assistance in 
this matter have been extended, respectively to August 12 and August 
22, 2000.
    \2\ According to petitioner, disputes between CMTA and it 
resulted in: (1) The filing by Longhorn of a petition for 
declaratory order alleging and requesting a finding that CMTA is 
violating its common carrier obligation; (2) termination by CMTA of 
its operating contract with Longhorn; and (3) the filing by CMTA on 
March 13, 2000, of a notice of intent to seek an adverse 
discontinuance of Longhorn's service. Also according to petitioner, 
however, the parties have recently settled their differences in 
regard to matters within the jurisdiction of the Board. In fact, in 
a decision served April 3, 2000, in Central of Tennessee Railway & 
Navigation Company, Incorporated, d.b.a. The Longhorn Railway 
Company--Petition for Declaratory Order, STB Finance Docket No. 
33820, the Board granted Longhorn's request to withdraw the 
declaratory order petition with prejudice. Moreover, CMTA's notice 
of intent to seek adverse discontinuance of Longhorn's service is 
presumably moot and no application will be filed in light of 
petitioner's filing here. Finally, we note that in a notice served 
on April 4, 2000, in Trans-Global Solutions, Inc., d.b.a. Austin 
Area Terminal Railroad--Operation Exemption--Capital Metropolitan 
Transportation Authority, STB Finance Docket No. 33860, a new 
operator has been authorized to replace Longhorn on the line.
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    The lines traverse U.S. Postal Service Zip Codes 78605, 78611, 
78613, 78639, 78641, 78642, 78643, 78650, 78653, 78654, 78701, 78702, 
78705, 78717, 78721, 78722, 78723, 78727, 78728, 78729, 78751, 78753, 
78756, 78757, 78758, 78759, and 78959. The line includes the stations 
of Giddings, Hills, Paige, McDade, Butler, Stacks, Elgin, Manor, Milby, 
Decker, Smoot, Austin Depot, Austin Junction, Buttercrust, Abercrombie, 
Fromme, McNeil, Rutledge, Whitestone, Leander, Liberty Hill, Bertram, 
Summit, Burnet, Gandy, DeMarco, Sudduth, Fairland, Scobee, Kingsland.
    The line does not contain federally granted rights-of-way. Any 
documentation in Longhorn's possession will be made available promptly 
to those requesting it.
    Longhorn is proposing to discontinue all of its regulated rail 
operations. In this situation, the Board does not impose labor 
protection, except in specifically enumerated circumstances. See 
Northampton and Bath R. Co.--Abandonment, 354 I.C.C. 784, 785-86 (1978) 
(Northampton). Therefore, if the Board grants the petition for 
exemption, in the absence of a showing that one or more of the 
exceptions articulated in Northampton is present, no labor protective 
conditions would be imposed.
    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 August 12, 2000.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
will be due no later than 10 days after service of a decision granting 
the petition for exemption. Each OFA must be accompanied by a $1,000 
filing fee. See 49 CFR 1002.2(f)(25).
    This proceeding is exempt from environmental reporting requirements 
under 49 CFR 1105.6(c) and from historic reporting requirements under 
1105.8(b).
    All filings in response to this notice must refer to STB Docket No. 
AB-501 (Sub-No. 3X) and must be sent to: (1) Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423-0001; and (2) Thomas F. McFarland, Jr., McFarland 
and Herman, 20 North Wacker Dr., Suite 1330, Chicago, IL 60602-2902.
    Persons seeking further information concerning abandonment and 
discontinuance procedures may contact the Board's Office of Public 
Services at (202) 565-1592 or refer to the full abandonment or 
discontinuance regulations at 49 CFR part 1152. Questions concerning 
environmental issues may be directed to the Board's Section of 
Environmental Analysis (SEA) at (202) 565-1545. [TDD for the hearing 
impaired is available at 1-800-877-8339.]
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: April 25, 2000.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-10751 Filed 4-27-00; 8:45 am]
BILLING CODE 4915-00-P