[Federal Register Volume 64, Number 15 (Monday, January 25, 1999)]
[Notices]
[Pages 3740-3741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1620]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 132X)]


Union Pacific Railroad Company--Abandonment Exemption--in Rio 
Grande and Mineral Counties, CO

    Union Pacific Railroad Company (UP) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of 
Service and Trackage Rights to abandon and discontinue service over a 
21.6-mile line of railroad known as the Creede Branch, extending from 
milepost 299.3 near Derrick to the end of the line at milepost 320.9 at 
Creede, in Rio Grande and Mineral Counties, CO.1 The line

[[Page 3741]]

traverses United States Postal Service Zip Codes 81154 and 81130.
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    \1\ The line is located on the former railroad known as The 
Denver and Rio Grande Western Railroad Company, a company of the 
former Southern Pacific Transportation Company which merged into UP 
pursuant to Board authority granted in Union Pacific Corporation, 
Union Pacific Railroad Company, and Missouri Pacific Railroad 
Company--Control and Merger--Southern Pacific Rail Corporation, 
Southern Pacific Transportation Company, St. Louis Southwestern 
Railway Company, SPCSL Corp. and The Denver and Rio Grande Western 
Railroad Company, Finance Docket No. 32760, Decision No. 44 (STB 
served Aug. 12, 1996). In this filing, UP is seeking to abandon the 
stub end of the line.
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    UP has 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 this exemption, any employee adversely affected 
by the abandonment 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) must be filed. Because a 
formal expression of intent to file an offer of financial assistance 
(OFA) has been received, this exemption will be effective on March 6, 
1999,2 unless stayed pending reconsideration. Petitions to 
stay that do not involve environmental issues,3 any 
additional formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),4 and trail use/rail banking requests under 49 
CFR 1152.29 must be filed by February 4, 1999. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by February 16, 1999, with: Surface Transportation Board, Office of the 
Secretary, Case Control Unit, 1925 K Street, NW, Washington, DC 20423.
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    \2\ Under 49 CFR 1152.50(3), the notice would have been 
scheduled to become effective on February 24, 1999, but a formal 
expression of intent to file an OFA has been filed by the Denver & 
Rio Grande Railway Historical Foundation (D&RHF) to purchase or to 
acquire by donation the entire line. D&RHF's notice of intent 
automatically will stay the effective date of the exemption until 
March 6, 1999. See 49 CFR 1152.27(c)(2)(i). An OFA is due no later 
than 30 days after the Federal Register publication of the notice of 
exemption. See 49 CFR 1152.27(c)(2)(ii)(B). Thus, an OFA is due no 
later than February 24, 1999.
    \3\ 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 in its independent investigation) 
cannot be made before the exemption's 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 exemption's effective date.
    \4\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Joseph D. Anthofer, General Attorney, Union 
Pacific Railroad Company, 1416 Dodge Street, Room 830, Omaha, NE 68179.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    UP has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by January 29, 1999. Interested persons 
may obtain a copy of the EA by writing to SEA (Room 500, Surface 
Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 
565-1545. 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 January 
25, 2000, 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: January 15, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-1620 Filed 1-22-99; 8:45 am]
BILLING CODE 4915-00-P