SURFACE TRANSPORTATION BOARD DECISION DOCUMENT | |||
Decision Information | ![]() | ![]() | |
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Docket Number:   | FD_36186_0 | ![]() | ![]() |
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Case Title:   | TEXAS RAILWAY EXCHANGE LLC--CONSTRUCTION AND OPERATION EXEMPTION--GALVESTON COUNTY, TEX. | ||
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Decision Type:   | Decision | ||
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Deciding Body:   | Director Of Proceedings | ||
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Decision Summary | ![]() | ![]() | |
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Decision Notes:   | DECISION DIRECTED PARTIES TO SUBMIT, BY FEBRUARY 13, 2019, A REPORT UPDATING THE BOARD ON THE STATUS OF THE DISCOVERY SERVED BY UNION PACIFIC RAILROAD COMPANY. | ||
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Decision Attachments | |||
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Full Text of Decision | ![]() | ![]() | ![]() |
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46823 SERVICE DATE – FEBRUARY 11, 2019 DO SURFACE TRANSPORTATION BOARD DECISION Docket No. FD 36186 TEXAS RAILWAY EXCHANGE LLC—CONSTRUCTION AND OPERATION EXEMPTION—GALVESTON COUNTY, TEX. Decided: February 11, 2019 On
November 21, 2018, Texas Railway Exchange LLC (TREX) filed a petition
under 49 U.S.C. § 10502 for
an exemption from the prior approval requirements of 49 U.S.C. § 10901 to construct and operate a
proposed common carrier rail line in Galveston, Tex. (the Line). According to TREX, the proposed Line would consist
of approximately one-half mile of rail line and would provide the Texas
International Terminals Ltd. (TIT) with a permanent, direct, and more efficient
connection to the BNSF Railway Company (BNSF) to better serve the business
needs of TIT, BNSF, third party shippers, and the public. TREX states that TIT’s customers currently
rely on reciprocal switching service from the Union Pacific Railroad Company
(UP) for BNSF trains to access TIT. On
December 5, 2018, UP filed a motion for extension of time to reply to TREX’s
petition. Specifically, UP requested
that the Board extend its time to reply until 20 days after TREX completes its
responses to UP’s discovery requests served on December 4, 2018. UP’s motion stated that it had requested
discovery responses from TREX by December 19, 2018. On December 7, 2018, TREX filed in opposition
to UP’s motion. TREX also stated that it
intended to respond to UP’s discovery requests and provide UP with relevant,
responsive information. By decision served on December 11, 2018, UP’s motion for
extension of time was granted so that UP could reply to TREX’s petition informed
by the information obtained through discovery. The decision further stated that, upon
completion of the discovery served by UP on December 4, TREX shall promptly
file notice of that completion with the Board and replies to TREX’s petition shall
be due 20 days after the date that notification was filed (subject to the rule
at 49 C.F.R. § 1104.7(a) pertaining to computation of time). The
parties will be directed to submit, by February 13, 2019, a report updating the
Board on the status of the discovery served by UP on December 4 and when the
parties expect to complete that discovery. It is ordered: 1. The parties are directed to submit, by February 13, 2019, a report updating the Board on the status of the discovery served by UP on December 4 and when the parties expect to complete that discovery. 2. This decision is effective on its date of service. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. |