[Federal Register Volume 71, Number 51 (Thursday, March 16, 2006)]
[Notices]
[Page 13673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3832]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 239X)]


Union Pacific Railroad Company--Discontinuance Exemption--in 
Oklahoma City, OK

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over a 0.42-mile line 
of railroad between Stiles Avenue to the point of connection with the 
BNSF Railway Company (BNSF) line near Second Street (the Old Rock 
Island Main) in Oklahoma City, Oklahoma County, OK.\1\ There are no 
mileposts on the line. The line traverses United States Postal Service 
Zip Code 73102.
---------------------------------------------------------------------------

    \1\ Apparently, BNSF holds trackage rights authority over the 
line which will not be affected by this exemption.
---------------------------------------------------------------------------

    UP has certified that: (1) No 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 
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 1105.12 (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 April 15, 2006, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2),\2\ must be filed by March 27, 2006.\3\ Petitions 
to reopen must be filed by April 5, 2006, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \2\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1,200. See 49 CFR 
1002.2(f)(25).
    \3\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 
respectively.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to UP's 
representative: Robert T. Opal, General Commerce Counsel, Union Pacific 
Railroad Company, 1400 Douglas St., STOP 1580, Omaha, NE 68179.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: March 10, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-3832 Filed 3-15-06; 8:45 am]
BILLING CODE 4915-01-P