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New Mexico Gateway Railroad Limited Liability Company-- Discontinuance Exemption--in Dona Ana County, NM

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 [Federal Register: July 3, 2006 (Volume 71, Number 127)]
[Notices]
[Page 37975-37976]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy06-86]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-995X]

New Mexico Gateway Railroad Limited Liability Company--
Discontinuance Exemption--in Dona Ana County, NM

    New Mexico Gateway Railroad Limited Liability Company (NMGR) has 
filed a verified notice of exemption under 49 CFR part 1152 subpart F--
Exempt Abandonments and Discontinuances of Service to discontinue 
service over approximately 3.5 miles of rail line at Santa Teresa, in 
Dona Ana County, NM, as follows: (1) A 4,412-foot spur identified as 
Track A; (2) a 3,375-foot spur identified as Track B; (3) a 3,884-foot 
spur identified as Track C; (4) a 4,338-foot spur identified as Track 
D; and (5) a 2,728-foot runaround track.\1\ The line traverses

[[Page 37976]]

United States Postal Service Zip Code 88008.
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    \1\ NMGR was granted an exemption to operate the rail line in 
New Mexico Gateway Railroad Limited Liability Company--Operation 
Exemption--Santa Teresa Limited Partnership, STB Finance Docket No. 
34103 (STB served Oct. 29, 2001).
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    NMGR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic can be rerouted 
over other lines; (3) no formal complaint filed by a user of rail 
service on the line (or by a state or local government entity acting on 
behalf of such user) regarding cessation of service over the line 
either is pending with the Surface Transportation Board or with any 
U.S. District Court or has been decided in favor of complainant within 
the 2-year period; and (4) the requirements at 49 CFR 1105.12 
(newspaper publication) and 49 CFR 1152.50(d)(l) (notice to 
governmental agencies) have been met.
    In this proceeding, NMGR is proposing to discontinue service on a 
line that constitutes its entire rail system. When issuing 
discontinuance authority for a railroad line that constitutes the 
carrier's entire system, the Board does not impose labor protection, 
except in specifically enumerated circumstances. See Northampton and 
Bath R. Co.--Abandonment, 354 I.C.C. 784, 785-86 (1978) (Northampton). 
Because there is no evidence that one or more of the exceptions 
articulated in Northampton are present, no labor protective conditions 
will be imposed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on August 3, 2006, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2),\2\ must be filed by July 13, 2006.\3\ Petitions 
to reopen must be filed by July 24, 2006, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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    \2\ Each OFA must be accompanied by the filing fee which as of 
April 19, 2006, is set at $1,300. See Regulations Governing Fees for 
Service Performed in Connection With Licensing and Related 
Services--2006 Update, STB Ex Parte No. 542 (Sub-No. 13) (STB served 
Mar. 20, 2006). See 49 CFR 1002.2(f)(25).
    \3\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 
respectively.
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    A copy of any petition filed with the Board should be sent to 
NMGR's representative: John D. Heffner, 1920 N St., NW., Suite 800, 
Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
http://www.stb.dot.gov Exit Disclaimer.

    Decided: June 23, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-5820 Filed 6-30-06; 8:45 am]
BILLING CODE 4915-01-P

 
 

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