[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Notices]
[Pages 32510-32511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14347]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 33 (Sub-No. 339X)]


Union Pacific Railroad Company--Abandonment Exemption--In Harris 
and Chambers Counties, Tex.

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon a 2.23-mile portion of the U.S. Steel Industrial Lead between 
milepost 2.4 in Baytown and milepost 4.63 at the east side of Cedar 
Bayou, in Harris and Chambers Counties, Tex. (the Line).\1\ The Line 
traverses U.S. Postal Service Zip Codes 77520 and 77523.
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    \1\ UP previously obtained authority to abandon the Line, but 
did not file a notice of consummation within the time period 
prescribed by 49 CFR 1152.29(e)(2). See Union Pac. R.R.--Aban. 
Exemption--In Harris & Chambers Ctys., Tex., AB 33 (Sub-No. 324X) 
(STB served Mar. 29, 2017).
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    UP has certified that: (1) No local or overhead traffic has moved 
over the Line for at least two years; (2) there is

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no need to reroute any traffic 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 two-year period; and 
(4) the requirements at 49 CFR 1105.12 (newspaper publication), 49 CFR 
1152.50(d)(1) (notice to governmental agencies), 49 CFR 1105.11 
(transmittal letter), 49 CFR 1105.7 and 1105.8 (environment and 
historic report) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 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,\2\ this exemption will 
become effective on August 7, 2019, unless stayed pending 
reconsideration. Petitions to stay that do not involve environmental 
issues,\3\ formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\4\ and interim trail use/rail banking requests under 49 
CFR 1152.29 must be filed by July 18, 2019. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by July 29, 2019, with the Surface Transportation Board, 395 E Street 
SW, Washington, DC 20423-0001.
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    \2\ Persons interested in submitting an OFA must first file a 
formal expression of intent to file an offer, indicating the type of 
financial assistance they wish to provide (i.e., subsidy or 
purchase) and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \3\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. 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.
    \4\ Filing fees for OFAs and trail use requests can be found at 
49 CFR 1002.2(f)(25) and (27), respectively.
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    A copy of any petition filed with the Board should be sent to UP's 
representative: Jeremy Berman, General Attorney, 1400 Douglas St. 
#1580, Omaha, NE 68179.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    UP has filed a combined environmental and historic report that 
addresses the potential effects of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by July 12, 2019. The EA will be available to interested persons on the 
Board's website, by writing to OEA, or by calling OEA at (202) 245-
0305. Assistance for the hearing impaired is available through the 
Federal Relay Service at (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 interim 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 July 8, 
2020, and there are no legal or regulatory barriers to consummation, 
the authority to abandon will automatically expire.
    Board decisions and notices are available at www.stb.gov.

    Decided: July 1, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Tammy Lowry,
Clearance Clerk.
[FR Doc. 2019-14347 Filed 7-5-19; 8:45 am]
BILLING CODE 4915-01-P