[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Notices]
[Page 72876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6896]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 229X)]


Union Pacific Railroad Company--Abandonment Exemption--in Ellis 
County, TX

    Union Pacific Railroad Company (UP) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 4.57-mile 
line of railroad known as the Waxahachie Industrial Lead extending from 
milepost 798.03, near Waxahachie, to milepost 802.60, near Nena, in 
Ellis County, TX. The line traverses United States Postal Service Zip 
Code 75165.\1\
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    \1\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Board at least 50 days before the 
abandonment or discontinuance is to be consummated. The applicant 
initially indicated a proposed consummation date of January 5, 2006, 
but because the verified notice was filed on November 17, 2005, 
consummation may not take place prior to January 6, 2006. By 
facsimile received on November 28, 2005, applicant's representative 
confirmed that the proposed consummation date will be on or after 
January 6, 2006.
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    UP has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) there is 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 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 January 6, 2006, 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 
December 16, 2005. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by December 27, 2005, 
with the Surface Transportation Board, 1925 K Street, NW., Washington, 
DC 20423-0001.
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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 
currently is set at $1,200. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to UP's 
representative: Mack H. Shumate, Jr., Senior General Attorney, Union 
Pacific Railroad Company, 101 North Wacker Drive, Room 1920, Chicago, 
IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    UP has filed environmental and historic reports which address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by December 
12, 2005. 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) 565-1539. [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, 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 
December 7, 2006, 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 Web site at http://www.stb.dot.gov.

    Decided: November 30, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E5-6896 Filed 12-6-05; 8:45 am]
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