[Federal Register Volume 65, Number 184 (Thursday, September 21, 2000)]
[Notices]
[Pages 57239-57240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24163]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-573X; AB-6 (Sub-No. 388X) and AB-33 (Sub-No. 160X)]


Trinidad Railway, Inc.--Abandonment Exemption--in Las Animas 
County, CO; The Burlington Northern Company and Santa Fe Railway 
Company--Discontinuance of Trackage Rights Exemption--in Las Animas 
County, CO; Union Pacific Railroad Company--Discontinuance of Trackage 
Rights Exemption--in Las Animas County, CO

    Trinidad Railway, Inc. (Trinidad), The Burlington Northern and 
Santa Fe Railway Company (BNSF), and the Union Pacific Railroad Company 
(UP) (collectively, applicants) have filed a notice of exemption under 
49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of 
Trackage Rights for Trinidad to abandon and BNSF and UP to discontinue 
trackage rights over an approximately 30.0-mile line of railroad from 
milepost 2.0 at Jensen (west of Trinidad), to the end of the line at 
the former New Elk Mine at milepost 30.0 (east of Stonewall), in Las 
Animas County, CO.\1\ The line traverses United States Postal Service 
Zip Codes 81082, 81070, and 81091.
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    \1\ Trinidad states that it is retaining the first two miles of 
the line operated by BNSF and UP. Stating that the line covers a 
distance of up to 30.0 miles, the notices indicates that there is a 
discrepancy over the actual length of the rail line.
    Trinidad acquired the involved line from the Colorado & Wyoming 
Railway Company as part of the transaction authorized in Trinidad 
Railway, Inc.--Acquisition and Operation Exemption-The Colorado & 
Wyoming Railway Company, Finance Docket No. 32183 (ICC served Nov. 
23, 1992).
    BN's trackage rights were the subject of an exemption in 
Burlington Northern Railroad Company--Trackage Rights Exemption--
Trinidad Railway, Inc., Finance Docket No. 32232 (ICC served Jan. 
29, 1993).
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    Applicants 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; (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

[[Page 57240]]

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 October 
21, 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 October 2, 2000. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by October 11, 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: John D. Heffner, Esq., Attorney for 
Trinidad Railway, Inc., Rea, Cross & Auchincloss, Suite 570, 1707 L 
Street, N.W., Washington, DC 20036; Michael E. Roper, Esq., Senior 
General Attorney, The Burlington Northern and Santa Fe Railway Company, 
2500 Lou Menk Drive, Fort Worth, TX 76131; and James P. Gatlin, Esq., 
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.
    Applicants 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 September 
26, 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), Trinidad 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 Trinidad's filing of a notice of 
consummation by September 21, 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: September 14, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-24163 Filed 9-20-00; 8:45 am]
BILLING CODE 4915-00-P