[Federal Register Volume 65, Number 33 (Thursday, February 17, 2000)]
[Notices]
[Page 8232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3860]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-439 (Sub-No. 5X); STB Docket No. AB-33 (Sub-No. 
144X)]


Dallas Area Rapid Transit, Abandonment Exemption in Dallas 
County, TX; 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 approximately 1.585 miles of rail line from 
milepost 213.024 at Malcolm X Boulevard to milepost 211.439 near 
Fletcher Street, just west of the switch to the Age of Steam Museum in 
the City and County of Dallas, TX.\1\ The line traverses United States 
Postal Service Zip Codes 75223, 75226, and 75246.
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    \1\ DART acquired this line from the Missouri Pacific Railroad 
Company in 1990. See Dallas Area Rapid Transit--Acquisition and 
Operation Exemption--Rail Lines of Missouri Pacific Railroad 
Company, Finance Docket No. 31690 (ICC served July 17, 1990). UP 
concurrently acquired trackage rights over the line. See Missouri 
Pacific Railroad Company--Trackage Rights Exemption--Dallas Area 
Rapid Transit, Finance Docket No. 31733 (ICC served Sept. 13, 1990).
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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 2 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 March 18, 
2000, 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 February 28, 2000. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by March 8, 2000, with: Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
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, NW., Suite 200, Washington, DC 
20005-3324; and James P. Gatlin, 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 February 
22, 2000. 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 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 February 17, 2001, 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: February 10, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-3860 Filed 2-16-00; 8:45 am]
BILLING CODE 4915-00-P