[Federal Register: May 19, 2003 (Volume 68, Number 96)]
[Notices]
[Page 27142-27143]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my03-123]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 163X)] and [STB Docket No. AB-364 (Sub-
No. 8X)]
Union Pacific Railroad Company--Abandonment Exemption--in Lamar
and Fannin Counties, TX and Texas Northeastern Division, Mid-Michigan
Railroad, Inc.--Discontinuance of Service Exemption--in Lamar and
Fannin Counties, TX
Union Pacific Railroad Company (UP) and Texas Northeastern
Division, Mid-Michigan Railroad, Inc. (TNER), have filed a notice of
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments and
Discontinuances of Service for UP to abandon and TNER to discontinue
service over a 33.5-mile portion of the Bonham Subdivision between
milepost 94.0, near Paris, and milepost 127.5, east of Bonham, in Lamar
and Fannin Counties, TX.\1\ The line traverses United States Postal
Service Zip Codes 75418, 75421, 75446, 75460 and 75492.
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\1\ TNER leases the line from UP.
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UP and TNER have certified that: (1) No local traffic has moved
over the line for at least 2 years; (2) any overhead traffic on the
line 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
(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 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports),
49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper
publication), and 49 CFR 1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to these exemptions, any employee adversely affected
by the abandonment or discontinuance shall be protected under Oregon
Short Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979). To
address whether this condition adequately protects affected employees,
a petition for partial revocation under 49 U.S.C. 10502(d)
[[Page 27143]]
must be filed. Provided no formal expression of intent to file an offer
of financial assistance (OFA) has been received, these exemptions will
be effective on June 18, 2003, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\2\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and
trail use/rail banking requests under 49 CFR 1152.29 must be filed by
May 29, 2003. Petitions to reopen or requests for public use conditions
under 49 CFR 1152.28 must be filed by June 9, 2003, with: Surface
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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\2\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Section of Environmental Analysis (SEA) in its independent
investigation) cannot be made before the exemptions' effective date.
See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989).
Any request for a stay should be filed as soon as possible so that
the Board may take appropriate action before the exemptions'
effective date.
\3\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to
applicants' representatives: Mack H. Shumate, Jr., Senior General
Attorney, 101 North Wacker Drive, Room 1920, Chicago, IL 60606; and
Louis E. Gitomer, Of Counsel, Ball Janik LLP, 1455 F St., NW., Suite
225, Washington, DC 20005.
If the verified notice contains false or misleading information,
the exemptions are void ab initio.
Applicants have filed an environmental report which addresses the
effects, if any, of the abandonment and discontinuance on the
environment and historic resources. SEA will issue an environmental
assessment (EA) by May 23, 2003. Interested persons may obtain a copy
of the EA by writing to SEA (Room 500, Surface Transportation Board,
Washington, DC 20423-0001) or by calling SEA, at (202) 565-1552.
[Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at 1-800-877-8339.] Comments on
environmental and historic preservation matters must be filed within 15
days after the EA becomes available to the public.
Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a
notice of consummation with the Board to signify that it has exercised
the authority granted and fully abandoned the line. If consummation has
not been effected by UP's filing of a notice of consummation by May 19,
2004, and there are no legal or regulatory barriers to consummation,
the authority to abandon will automatically expire.
Board decisions and notices are available on our Website at
WWW.STB.DOT.GOV.
Decided: May 12, 2003.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-12344 Filed 5-15-03; 8:45 am]
BILLING CODE 4915-00-P