[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Page 75809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29430]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 267X)]


Union Pacific Railroad Company--Abandonment Exemption--in 
Comanche County, OK

    Union Pacific Railroad Company (UP) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon, and 
discontinue its lease operation over a 3.85-mile line of railroad known 
as the Lawton Industrial Lead, extending from milepost 50.75, near Fort 
Sill, to milepost 54.60, south of Lawton, in Comanche County, OK. The 
line traverses United States Postal Service Zip Code 73503.\1\
---------------------------------------------------------------------------

    \1\ The line is owned by the State of Oklahoma which holds no 
residual common carrier obligation. The line does contain federally 
granted right-of-way.
---------------------------------------------------------------------------

    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 13, 2009, 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 22, 2008. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 2, 2009, with: 
Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-
0001.
---------------------------------------------------------------------------

    \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 $1,500. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to UP's 
representative: Mack H. Shumate, Jr., Senior General Attorney, 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 a combined environmental and historic report 
addressing the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by December 19, 2008. Interested persons may obtain a copy of the EA by 
writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling SEA, at (202) 245-0305. [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 12, 2009, 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: December 5, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E8-29430 Filed 12-11-08; 8:45 am]
BILLING CODE 4915-01-P