[Federal Register Volume 61, Number 173 (Thursday, September 5, 1996)]
[Notices]
[Pages 46901-46902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22638]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Finance Docket No. 32955]
Fort Worth & Western Railroad Company, Inc.--Lease Exemption--St.
Louis Southwestern Railway Company
AGENCY: Surface Transportation Board.
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803 (ICCTA), which was enacted on December 29, 1995, and took
effect on January 1, 1996, abolished the Interstate Commerce
Commission (ICC) and transferred certain functions to the Surface
Transportation Board (Board). This notice relates to functions that
are subject to Board jurisdiction pursuant to 49 U.S.C. 10902.
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ACTION: Notice of exemption.
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SUMMARY: The Board, under 49 U.S.C. 10502, exempts from the prior
approval requirements of 49 U.S.C. 10902 the lease 2 by Fort Worth
& Western
[[Page 46902]]
Railroad Company, Inc. (FWWR), of St. Louis Southwestern Railway
Company's (SSW) Hodge Yard, located between North Fort Worth and
Carrollton, TX, at milepost 630.20.3
\2\ FWWR seeks an exemption both to lease and to operate, and
its petition is styled accordingly. While an exemption from the
requirements of 49 U.S.C. 10902 for FWWR's lease is consistent with
the standards of 49 U.S.C. 10502, we note that FWWR requires neither
separate authority nor an exemption to operate the line under the
lease. When a rail carrier petitioned for an exemption to purchase
or lease a rail line from another rail carrier under former 49
U.S.C. 11343 of the Interstate Commerce Act, the ICC normally also
exempted the operation of the line, if requested, but the exemption
to operate was not necessary. The status of the purchaser or lessor,
as a carrier, coupled with the purchase agreement or lease,
constituted sufficient authority to conduct operations. Similarly,
authority or an exemption for a carrier to purchase or lease a line
under 49 U.S.C. 10902 of the ICCTA provides the necessary authority
to conduct operations.
\3\ FWWR plans to operate on track owned by Dallas Area Rapid
Transit Property Acquisition Company (DARTPAC). In Fort Worth and
Western Railroad Company, Inc.--Trackage Rights Exemption--St. Louis
Southwestern Railway Company, STB Finance Docket No. 32956 (STB
served June 6, 1996), SSW assigned its local and overhead trackage
rights over DARTPAC's 28.77-mile rail line, between milepost 632.27
at North Fort Worth and milepost 603.5 at Carrollton, to FWWR.
DATES: This exemption is effective on October 5, 1996. Petitions to
stay must be filed by September 20, 1996. Petitions to reopen must be
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filed by September 30, 1996.
ADDRESSES: Send pleadings, referring to STB Finance Docket No. 32955,
to: (1) Surface Transportation Board, Office of the Secretary, Case
Control Branch, 1201 Constitution Avenue, N.W., Washington, DC 20423;
and (2) Kevin M. Sheys, 1020 Nineteenth Street, N.W., Suite 400,
Washington, DC 20036-6105.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5660. [TDD for
the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: Additional information is contained in the
Board's decision. To purchase a copy of the full decision, write to,
call, or pick up in person from: DC Data & News, Inc., Room 2229, 1201
Constitution Avenue, N.W., Washington, DC 20423. Telephone: (202) 289-
4357/4359. [Assistance for the hearing impaired is available through
TDD services (202) 927-5721.]
Decided: August 27, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-22638 Filed 9-4-96; 8:45 am]
BILLING CODE 4915-00-P
