Notice2026-10446

Denton & North Texas Railroad LLC-Construction and Operation Exemption-Line of Railroad in Denton County, Tex.

Primary source

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Published
May 27, 2026

Issuing agencies

Surface Transportation Board

Full Text

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<title>Federal Register, Volume 91 Issue 101 (Wednesday, May 27, 2026)</title>
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[Federal Register Volume 91, Number 101 (Wednesday, May 27, 2026)]
[Notices]
[Pages 31515-31516]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10446]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36927]


Denton & North Texas Railroad LLC--Construction and Operation 
Exemption--Line of Railroad in Denton County, Tex.

    Denton & North Texas Railroad LLC (DNT), a noncarrier subsidiary of 
Patriot Rail Company LLC (Patriot Rail),\1\ has filed a verified notice 
of exemption under 49 CFR 1150.36 to construct and operate 
approximately 4,200 feet of track inside an existing Canadian Pacific 
Railway Company d/b/a Canadian Pacific Kansas City (CPKC) right-of-way 
near Krum, Tex., between CPKC milepost 109 and milepost 110 (DNT Line). 
The DNT Line would connect CPKC's mainline to DNT-operated track within 
an approximately 120-acre planned industrial park. According to the 
verified notice, DNT will operate the DNT Line as a common carrier.
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    \1\ According to the verified notice, Patriot Rail controls 
Class III carriers in 21 states and will file a notice of exemption 
to continue in control of DNT upon its becoming a Class III rail 
carrier. See 49 CFR 1180.2(d)(2).
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    According to the verified notice, CPKC and Patriot Rail announced 
the industrial park as a way to serve the cement, aggregate, and lumber 
markets in the Southwest and create a more sustainable supply chain. 
DNT states that the new DNT line would be double-tracked, built within 
an existing CPKC right-of-way, and would offer access to a planned 
industrial park owned by DNT. DNT further states that it has already 
signed a lease with one industrial park tenant desiring rail service, 
and that it will start soliciting bidders for the construction process 
by early July 2026.
    According to the verified notice, construction of the DNT Line 
would not start earlier than 90 days after the filing of this notice of 
exemption.
    DNT has certified that it will comply with the Board's 
environmental rules at 49 CFR 1105 and with the pre-filing notice 
requirements at 49 CFR 1150.36(c)(1). However, DNT argues that the DNT 
Line is a small project within an existing rail right-of-way that will 
have no significant environmental

[[Page 31516]]

effects, and, for that reason, DNT asks the Board to waive its 
environmental rules or adopt an existing categorical exclusion from the 
Federal Railroad Administration (FRA). See 42 U.S.C. 4336(c). DNT 
argues that such a waiver is appropriate here because, DNT asserts, the 
proposed DNT Line would qualify for a categorical exclusion under both 
an existing FRA rule, see 23 CFR 771.116(c)(12), and the Board's 
recently proposed revisions to its environmental rules. See Permitting 
Reform--Env't. Rev. Process, EP 779, slip op. at 9 (STB served Mar. 25, 
2026). The Board will address DNT's request in a subsequent decision.
    This exemption will be effective on August 5, 2026, unless stayed. 
Petitions to stay that do not involve environmental issues must be 
filed by June 5, 2026. Petitions for reconsideration must be filed by 
June 16, 2026.
    If the verified 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.
    All pleadings, referring to Docket No. FD 36927, must be filed with 
the Surface Transportation Board via e-filing on the Board's website or 
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on DNT's 
representatives, Jay C. Johnson & Megan L. Algya, Venable LLP, 600 
Massachusetts Ave. NW, Washington, DC 20001.
    Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.

    Decided: May 20, 2026.

    By the Board, Anika S. Cooper, Chief Counsel, Office of Chief 
Counsel.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2026-10446 Filed 5-26-26; 8:45 am]
BILLING CODE 4915-01-P


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Indexed from Federal Register on May 27, 2026.

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