[Federal Register Volume 66, Number 70 (Wednesday, April 11, 2001)]
[Notices]
[Pages 18845-18846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8665]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 169X); STB Docket No. AB-6 (Sub-No. 
389X)]


Union Pacific Railroad Company--Abandonment Exemption--in Marion 
and Polk Counties, OR; The Burlington Northern and Santa Fe Railway 
Company-Discontinuance of Service Exemption--in Marion and Polk 
Counties, OR

    Union Pacific Railroad Company (UP) and The Burlington Northern and 
Santa Fe Railway Company (BNSF) have filed a notice of exemption under 
49 CFR 1152 subpart F--Exempt Abandonments and Discontinuances of 
Service for UP to abandon and BNSF to discontinue service over a 0.76-
mile line of railroad known as the Dallas Branch from milepost 719.74 
to milepost 720.50 in Salem, Marion and Polk Counties, OR. The line 
traverses United States Postal Service Zip Codes 97301 and 97304.
    UP and BNSF have certified that: (1) No local traffic has moved 
over the line for at least 2 years; (2) there is no overhead traffic 
moving over 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 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 or discontinuance 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 May 11, 2001, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
April 23, 2001. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by May 2, 2001, with: 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, NW., Washington, DC 20423.
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    \1\ 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 (SEA) 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.
    \2\ 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: James P. Gatlin, General Attorney, Union 
Pacific Railroad Company, 1416 Dodge Street, Room 830, Omaha, NE 68179; 
and Sarah

[[Page 18846]]

Whitley Bailiff, Senior General Attorney, The Burlington Northern and 
Santa Fe Railway Company, 2500 Lou Menk Drive, P.O. Box 961039, Fort 
Worth, TX 76161-0039.
    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 or historic 
resources. SEA will issue an environmental assessment (EA) by April 16, 
2001. 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 April 
11, 2002, 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: April 3, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-8665 Filed 4-10-01; 8:45 am]
BILLING CODE 4915-00-P