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Notice2026-11139

TNW Corporation-Continuance in Control Exemption-Northeast Texas Railway Company

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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
June 4, 2026

Issuing agencies

Surface Transportation Board

Full Text

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<title>Federal Register, Volume 91 Issue 107 (Thursday, June 4, 2026)</title>
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[Federal Register Volume 91, Number 107 (Thursday, June 4, 2026)]
[Notices]
[Pages 33853-33854]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11139]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36934]


TNW Corporation--Continuance in Control Exemption--Northeast 
Texas Railway Company

    TNW Corporation (TNW), a non-carrier, has filed a verified notice 
of exemption under 49 CFR 1180.2(d)(2) to continue in control of 
Northeast Texas Railway Company (NETX), upon NETX's becoming a Class 
III rail carrier. TNW currently controls three Class III carriers.\1\
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    \1\ Those carriers are Texas North Western Railway Company; 
Texas, Gonzales & Northern Railway Company; and Texas Rock Crusher 
Railway Company.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Northeast Texas Railway--Acquisition of a Line of 
Railroad Owned by Northeast Texas Rural Rail Transportation District & 
Change of Operators Exemption--Northeast Texas Connector, LLC, Docket 
No. FD 36933, in which NETX seeks to acquire and operate approximately 
65.59 miles of rail line owned by the Northeast Texas Rural Rail 
Transportation District between milepost 555.0 in Greenville, Tex., and 
milepost 489.41 in Winfield, Tex., replacing Northeast Texas Connector, 
LLC, as the common carrier service provider on that line.\2\
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    \2\ NETX will lease the underlying right-of-way and acquire the 
track and track material.
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    TNW represents that: (1) the rail line to be operated by NETX does 
not connect with any of the railroads in TNW's corporate family; (2) 
the control of NETX is not part of a series of anticipated transactions 
that would result in such a connection; and (3) the transaction does 
not involve a Class I rail carrier. The proposed transaction is 
therefore exempt from the prior approval requirements of 49 U.S.C. 
11323. See 49 CFR 1180.2(d)(2).
    The earliest this transaction may be consummated is June 18, 2026, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. However, 49 U.S.C. 11326(c) 
does not provide for labor protection for transactions under 49 U.S.C. 
11324 and 11325 that involve only Class III rail carriers. Accordingly, 
because this transaction involves Class III rail carriers only, the 
Board may not impose labor protective conditions here.
    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. Petitions for stay must be filed no later than June 11, 2026 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36934, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in

[[Page 33854]]

writing addressed to 395 E Street SW, Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on TNW's 
representative, Justin J. Marks, Clark Hill PLC, 1001 Pennsylvania Ave. 
NW, Suite 1300 South, Washington, DC 20004.
    According to TNW, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.

    Decided: June 1, 2026.

    By the Board, Scott M. Zimmerman, Acting Chief Counsel, Office 
of Chief Counsel.
Zantori Dickerson,
Clearance Clerk.
[FR Doc. 2026-11139 Filed 6-3-26; 8:45 am]
BILLING CODE 4915-01-P


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Indexed from Federal Register on June 4, 2026.

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