Notice2021-25298
Dallas, Garland & Northeastern Railroad, Inc.-Lease and Operation Exemption Including Interchange Commitment-Union Pacific Railroad Company
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 19, 2021
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 221 (Friday, November 19, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64987-64988]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25298]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36545]
Dallas, Garland & Northeastern Railroad, Inc.--Lease and
Operation Exemption Including Interchange Commitment--Union Pacific
Railroad Company
Dallas, Garland & Northeastern Railroad, Inc. (DGNO), a Class III
railroad, has filed a verified notice of exemption under 49 CFR 1150.41
to amend its lease and continue to operate approximately 30.7 miles of
rail line in Texas owned by Union Pacific Railroad Company (UP) (the
Lines). The Lines consist of: (1) A portion of the Garland Subdivision
(also known as the Greenville Subdivision) from milepost 741.3 near
Lake Ray Hubbard to milepost 713.6 at Greenville, Tex.; and (2) the
Sprecher Lead (also known as the Safeway Lead) at Garland, Tex. DGNO
states that the Sprecher Lead has no official mileposts, but DGNO
informally designates the mileposts as extending from milepost 0 to
milepost 3 beginning at the switch at milepost 753.4.
According to the verified notice, DGNO has leased and operated the
Lines since at least 2001. DGNO states that, pursuant to an amended
lease agreement (Amended Lease) with UP, DGNO's operations over the
Lines will be extended for an additional 10 years.\1\
---------------------------------------------------------------------------
\1\ According to DGNO, in preparing the verified notice, it
determined that DGNO's acquisition of Board authority for lease and
operation of the Lines under the current lease appears to be
incomplete because the authority only applies to a portion of the
Garland Subdivision and none of the Sprecher Lead. See Dall.,
Garland & Ne. R.R.--Lease Exemption--Union Pac. R.R., FD 33686 (STB
served Feb. 5, 1999) (granting authority to operate on milepost
741.3 to milepost 729.5 of the Garland Subdivision, among others).
DGNO states that, in addition to seeking authority to operate under
the Amended Lease, it also is seeking to correct the Board's records
of the lines operated by DGNO and to confirm its authority to
operate on the Lines. This request will be addressed in a subsequent
decision.
---------------------------------------------------------------------------
Further, DGNO certifies that its projected revenues as a result of
the transaction will not exceed those that would qualify it as a Class
III carrier, but that its current annual revenues exceed $5 million.
Pursuant to 49 CFR 150.42(e), if a carrier's projected annual revenues
will exceed $5 million, it must, at least 60 days before this exemption
is to become effective, post a notice of its intent to undertake the
proposed transaction at the workplace of the employees on the affected
lines, serve a copy of the notice on the national offices of the labor
unions with employees on the affected lines, and certify to the Board
that it has done so. However, DGNO has petitioned for
[[Page 64988]]
waiver of the 60-day advance labor notice requirements. DGNO's waiver
request will be addressed in a subsequent decision, and the
effectiveness of the exemption will be postponed pending that decision.
As required under 49 CFR 1150.43(h)(1), DGNO has disclosed in its
verified notice that its lease agreement with UP contains an
interchange commitment pertaining to interchange with carriers other
than UP. DGNO has provided additional information regarding the
interchange commitment as required by 49 CFR 1150.43(h).\2\
---------------------------------------------------------------------------
\2\ A copy of the lease with the interchange commitment was
submitted under seal. See 49 CFR 1150.43(h)(1).
---------------------------------------------------------------------------
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 effectiveness of the exemption.
Petitions to stay must be filed no later than November 26, 2021.
All pleadings, referring to Docket No. FD 36545, should be filed
with the Surface Transportation Board via e-filing on the Board's
website. In addition, a copy of each pleading must be served on DGNO's
representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square,
2001 Market Street, Suite 2620, Philadelphia, PA 19103.
According to DGNO, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic reporting
under 49 CFR 1105.8(b).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: November 16, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2021-25298 Filed 11-18-21; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on November 19, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.