[Federal Register Volume 65, Number 155 (Thursday, August 10, 2000)]
[Notices]
[Pages 49055-49056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19996]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 156)]


Union Pacific Railroad Company--Abandonment--in Harris, Fort 
Bend, Austin, Wharton and Colorado Counties, TX

    On July 21, 2000, Union Pacific Railroad Company (UP) filed with 
the Surface Transportation Board (Board) an application for permission 
to abandon a line of railroad known as the Bellaire Subdivision, 
extending from milepost 3.48 \1\ near Bellaire Junction in Houston,

[[Page 49056]]

to milepost 52.9 near Chesterville, a distance of 49.42 miles, in 
Harris, Fort Bend, Austin, Wharton and Colorado Counties, TX. The line 
includes the stations of Bellaire Junction (milepost 6.2), Bellaire 
Team (milepost 7.3), Jeannetta (milepost 10.9), West Park (milepost 
13.4), Alief (milepost 15.0), Quality (milepost 17.0), Clodine 
(milepost 21.6), Fulshear (milepost 33.4), Simonton (milepost 38.4), 
and Wallis (milepost 44.8), and traverses U.S. Postal Service ZIP Codes 
77005, 77006, 77027, 77036, 77042, 77056, 77057, 77063, 77072, 77081, 
77082, 77083, 77098, 77401, 77423, 77434, 77435, 77441, 77450, 77469, 
77476, 77485, and 77494.
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    \1\ A typographical error appears in documents previously filed 
in this proceeding, including the notice of intent, where the 
numerals 4 and 8 in the beginning milepost designation are 
transposed, indicating the milepost as 3.84, rather than 3.48, 
thereby omitting a 0.36-mile segment of the line. The correct 
milepost designation and length of the line appear in the line 
description of UP's system diagram map. The shippers on the line are 
not located near the omitted segment and are unaffected by the 
error. The cost and revenue data submitted with the application 
include this 0.36-mile segment. The typographical error is de 
minimis and fair notice of the scope of the application has been 
given.
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    The line does not contain federally granted rights-of-way. Any 
documentation in UP's possession will be made available promptly to 
those requesting it. The applicant's entire case for abandonment (case-
in-chief) was filed with the application.
    The line of railroad has appeared on UP's system diagram map or has 
been included in its narrative in category 1 since April 1, 2000.
    The interest of railroad employees will be protected by Oregon 
Short Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979).
    Any interested person may file with the Board written comments 
concerning the proposed abandonment or protests (including the 
protestant's entire opposition case), by September 5, 2000. All 
interested persons should be aware that, following any abandonment of 
rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Any request for a public 
use condition under 49 U.S.C. 10905 (49 CFR 1152.28) or for a trail use 
condition under 16 U.S.C. 1247(d) (49 CFR 1152.29) must be filed by 
September 5, 2000. Each trail use request must be accompanied by a $150 
filing fee. See 49 CFR 1002.2(f)(27). Applicant's reply to any 
opposition statements and its response to trail use requests must be 
filed by September 19, 2000. See 49 CFR 1152.26(a).
    Persons opposing the abandonment that wish to participate actively 
and fully in the process should file a protest. Persons who may oppose 
the abandonment but who do not wish to participate fully in the process 
by submitting verified statements of witnesses containing detailed 
evidence should file comments. Persons seeking information concerning 
the filing of protests should refer to 49 CFR 1152.25. Persons 
interested only in seeking public use or trail use conditions should 
also file comments.
    In addition, a commenting party or protestant may provide:
    (i) An offer of financial assistance (OFA) for continued rail 
service under 49 U.S.C. 10904 (due 120 days after the application is 
filed or 10 days after the application is granted by the Board, 
whichever occurs sooner);
    (ii) Recommended provisions for protection of the interests of 
employees;
    (iii) A request for a public use condition under 49 U.S.C. 10905; 
and
    (iv) A statement pertaining to prospective use of the right-of-way 
for interim trail use and rail banking under 16 U.S.C. 1247(d) and 49 
CFR 1152.29.
    All filings in response to this notice must indicate the proceeding 
designation STB Docket No. AB-33 (Sub-No. 156) and must be sent to: (1) 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, N.W., Washington, DC 20423-0001; and (2) James P. 
Gatlin, 1416 Dodge Street, #830, Omaha, NE 68179. The original and 10 
copies of all comments or protests shall be filed with the Board with a 
certificate of service. Except as otherwise set forth in part 1152, 
every document filed with the Board must be served on all parties to 
the abandonment proceeding. 49 CFR 1104.12(a).
    The line sought to be abandoned will be available for subsidy or 
sale for continued rail use, if the Board decides to permit the 
abandonment in accordance with applicable laws and regulations (49 
U.S.C. 10904 and 49 CFR 1152.27). Each OFA must be accompanied by a 
$1,000 filing fee. See 49 CFR 1002.2(f)(25). No subsidy arrangement 
approved under 49 U.S.C. 10904 shall remain in effect for more than 1 
year unless otherwise mutually agreed by the parties (49 U.S.C. 
10904(f)(4)(B)). Applicant will promptly provide upon request to each 
interested party an estimate of the subsidy and minimum purchase price 
required to keep the line in operation. The carrier's representative to 
whom inquiries may be made concerning sale or subsidy terms is set 
forth above.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment regulations at 49 CFR part 
1152. Questions concerning environmental issues may be directed to the 
Board's Section of Environmental Analysis (SEA) at (202) 565-1545. [TDD 
for the hearing impaired is available at 1-800-877-8339.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in abandonment proceedings normally will be 
made available within 33 days of the filing of the application. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service. The comments received will be addressed in the 
Board's decision. A supplemental EA or EIS may be issued where 
appropriate.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: August 2, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-19996 Filed 8-9-00; 8:45 am]
BILLING CODE 4915-00-P