[Federal Register Volume 65, Number 213 (Thursday, November 2, 2000)]
[Notices]
[Page 65898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27954]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33946]


State of Texas Acting by and Through the Texas Department of 
Transportation--Acquisition and Operation Exemption--South Orient 
Railroad Company, Ltd.

    The State of Texas acting by and through the Texas Department of 
Transportation (TxDOT), a noncarrier, has filed a notice of exemption 
under 49 CFR 1150.31 to acquire from South Orient Railroad Company, 
Ltd. (SORC) and to operate approximately 370.5 miles of rail line in 
Brewster, Coleman, Crane, Crockett, Irion, Pecos, Presidio, Reagan, 
Runnels, Tom Green and Upton Counties, TX. TxDOT would acquire from 
SORC the right to operate \1\ between milepost 1029.1 on the 
International Bridge near Presidio, TX, and milepost 956.7, at Paisano 
Junction, and between milepost 945.3, at Alpine, TX, and milepost 0+330 
feet, near San Angelo Junction on the east, and Lampasas Subdivision 
milepost 373+4362 feet, near San Angelo Junction on the west. TxDOT 
already owns the underlying right-of-way and it would acquire ownership 
of the track and track materials from the South Orient Rural Rail 
Transportation District.\2\ In connection with its operation of these 
lines, Pacifico would also acquire the right to operate, by assignment 
of SORC's trackage rights, over a line of the Union Pacific Railroad 
Company extending between milepost 956.7 at Paisano Junction and 
milepost 945.3, at Alpine Junction. The operations by Pacifico would 
thus extend over approximately 381.9 miles. TxDOT states that it will 
retain the residual common carrier obligation with respect to the lines 
it owns. TxDOT states that its projected revenues as a result of this 
transaction will not exceed those of a Class III rail carrier.\3\
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    \1\ TxDOT states that it is in the final stages of negotiating a 
lease and operating agreement with Texas Pacifico Transportation, 
Ltd. (Pacifico), whereby Pacifico will conduct freight operations 
over the above-described rail lines.
    \2\ See South Orient Railroad Company, Ltd.--Acquisition and 
Operation Exemption--Line of the Atchison, Topeka and Santa Fe 
Railway Company, Finance Docket No. 31971 (ICC served Sept. 3, 
1992).
    \3\ On February 18, 2000, Pacifico filed a verified notice of 
exemption to acquire and operate the above-described rail line from 
SORC. See Texas Pacifico Transportation, Ltd.--Acquisition and 
Operation Exemption--South Orient Railroad Company, Ltd., STB 
Finance Docket No. 33851 (STB served Mar. 3, 2000). It appears that 
the transaction was never consummated and that the acquisitions and 
operations described in the present notice would substitute for 
those anticipated by the filing in STB Finance Docket No. 33851.
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    The transaction was expected to be consummated on or after October 
17, 2000.
    If the 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33946, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Richard H. Streeter, Barnes & Thornburg, 1401 Eye Street, 
NW., Suite 500, Washington, DC 20005.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: October 25, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-27954 Filed 11-01-00; 8:45 am]
BILLING CODE 4915-00-P