[Federal Register Volume 64, Number 213 (Thursday, November 4, 1999)]
[Notices]
[Pages 60261-60262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28520]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-439 (Sub-No. 4X) and STB Docket No. AB-33 (Sub-No. 
139X)]


Dallas Area Rapid Transit--Abandonment Exemption--in Dallas 
County, TX and Union Pacific Railroad Company--Discontinuance of 
Service Exemption--in Dallas County, TX

    Dallas Area Rapid Transit (DART) and Union Pacific Railroad Company 
(UP) have filed a notice of exemption under 49 CFR 1152 Subpart F--
Exempt Abandonments and Discontinuances for DART to abandon and UP to 
discontinue service over a 3.04-mile line of railroad known as the 
Athens Branch East between milepost 308.80 at Pleasant Drive to the end 
of the track at milepost 305.76 at Rylie Road, in Dallas County, 
TX.1 The line traverses United States Postal Service Zip 
Codes 75217 and 75253.
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    \1\ DART acquired this line from the Southern Pacific 
Transportation Company in 1988. See Dallas Area Rapid Transit--
Acquisition and Operation Exemption--Rail Lines of Southern Pacific 
Transportation Company, Finance Docket No. 31267 (ICC served May 20, 
1988). SPT concurrently acquired trackage rights over the line. See 
Southern Pacific Transportation Company--Trackage Rights Exemption--
Dallas Area Rapid Transit, Finance Docket No. 31270 (ICC served May 
20, 1988).
    The City of Dallas (City) filed a request for issuance of a 
notice of interim trail use (NITU) for the entire line pursuant to 
section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d). 
The Board will address the City's trail use request, and any others 
that may be filed in a subsequent decision.
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    DART and UP have certified that: (1) No local traffic has moved 
over the line for at least 2 years; (2) there has been no overhead 
traffic on the line during the past two years; (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. Provided no 
formal expression of intent to file an offer of financial assistance 
(OFA) has been received, this exemption will be effective on December 
4, 1999, 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 
November 15, 1999. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by November 24, 1999, 
with: Surface Transportation Board, Office of the Secretary, Case 
Control Unit, 1925 K Street, N.W., Washington, DC 20423.
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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 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.
    \3\ 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 
applicants' representatives: Judith H. Caldwell, Oppenheimer Wolff 
Donnelly & Bayh LLP, 1350 Eye Street, N.W., Suite 200, Washington, DC 
20005-3324; and Joseph D. Anthofer, Union Pacific Railroad Company, 
1416 Dodge Street, Room 830, Omaha, NE 68179-0001.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    DART and UP have filed an environmental report which addresses the 
effects of the abandonment and discontinuance, if any, on the 
environment and historic resources. The Section of Environmental 
Analysis (SEA) will issue an environmental assessment (EA) by November 
9, 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), DART shall file 
a notice of consummation with the Board to

[[Page 60262]]

signify that it has exercised the authority granted and fully abandoned 
the line. If consummation has not been effected by DART's filing of a 
notice of consummation by November 4, 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: October 26, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-28520 Filed 11-3-99; 8:45 am]
BILLING CODE 4915-00-P