[Federal Register Volume 68, Number 19 (Wednesday, January 29, 2003)]
[Notices]
[Pages 4542-4543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2041]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-364 (Sub-No. 7X)]


The Texas Northeastern Division, Mid-Michigan Railroad, Inc.--
Discontinuance of Service Exemption--in Grayson County, TX

    The Texas Northeastern Division, Mid-Michigan Railroad, Inc. 
(TNER), has filed a notice of exemption under 49 CFR 1152 Subpart F--
Exempt Abandonments and Discontinuances of Service to discontinue 
service over 10.51 miles of railroad between milepost 662.54 in Denison 
and milepost 673.05 in Sherman, in Grayson County, TX (the line).\1\ 
The line traverses United States Postal Service Zip Codes 75020, 75021, 
75090, 75091, and 75092.
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    \1\ According to TNER's Environmental Report, the Missouri-
Kansas-Texas Railroad Company (MKT) operated the line until MKT 
merged into the Missouri Pacific Railroad Company (MP). At the time 
of the merger, MKT was authorized to abandon the line. See Union 
Pacific Corp. et al.--Cont.-MO-KS-TX Co. et al., 4 I.C.C.2d 409, 
488-89 (1988) (UP/MKT). Although TNER contends that MKT consummated 
the abandonment before the line was leased to TNER, it appears that 
this was not the case, as an exemption was obtained for lease of the 
line from MP, now Union Pacific Railroad Company (UP), in Mid 
Michigan Railroad Company, Inc.--Lease and Operation Exemption--
Missouri Pacific Railroad Company, Finance Docket No. 31646 (ICC 
served Aug. 28, 1990). In addition, it does not appear that the 
abandonment could have been consummated because there is an historic 
preservation condition under section 106 of the National Historic 
Preservation Act, 16 U.S.C. 470(f), imposed in UP/MKT at 577, that 
remains outstanding. Accordingly, although TNER is the last carrier 
operating over this line, UP, as the owner of the line and 
successor-in-interest to MP, retains a common carrier obligation.
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    TNER has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
rerouted over other lines; (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 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 February 28, 2003, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues \2\ and 
formal expressions of intent to file an OFA for continued rail service 
under 49 CFR 1152.27(c)(2),\3\ must be filed by February 10, 2003.\4\ 
Petitions to reopen must be filed by February 18, 2003, with: Surface 
Transportation Board, 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 (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.
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,100. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate.

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[[Page 4543]]

    A copy of any petition filed with the Board should be sent to 
TNER's representative: Louis E. Gitomer, Ball Janik LLP, 1455 F St., 
NW., Suite 225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    TNER has filed a separate environmental report which addresses the 
discontinuance's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by February 
3, 2003. Interested persons may obtain a copy of the EA by writing to 
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001) 
or by calling SEA, at (202) 565-1552. [Assistance for the hearing 
impaired is available through the Federal Information Relay Service 
(FIRS) at 1-800-877-8339.] Comments on environmental and historic 
preservation matters must be filed within 15 days after the EA becomes 
available to the public.
    Environmental or historic preservation conditions will be imposed, 
where appropriate, in a subsequent decision.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: January 24, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-2041 Filed 1-28-03; 8:45 am]
BILLING CODE 4915-00-P