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West Texas & Lubbock Railroad Company, Inc.--Abandonment Exemption--in Lubbock County, TX

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: July 17, 2002 (Volume 67, Number 137)]
[Notices]
[Page 47032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy02-129]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-473 (Sub-No. 1X)]
 
West Texas & Lubbock Railroad Company, Inc.--Abandonment 
Exemption--in Lubbock County, TX

    West Texas & Lubbock Railroad Company (WTLR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
1.1-mile line of railroad from milepost 1.1, at University Avenue, 
eastward to milepost 0.0, at the interchange with The Burlington 
Northern and Santa Fe Railway Company near North Avenue U, in the City 
of Lubbock, Lubbock County, TX. The line traverses United States Postal 
Service Zip Code 79415.
    WTLR 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; \1\ (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.
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    \1\ WTLR states that it is rerouting the overhead traffic 
pursuant to a joint relocation project in West Texas & Lubbock 
Railroad Company, Inc. and The Burlington and Northern and Santa Fe 
Railway Company--Joint Relocation Projection Exemption--in Lubbock, 
TX, STB Finance Docket No. 34168 (STB served Mar. 4, 2002).
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    As a condition to this exemption, any employee adversely affected 
by the abandonment and 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 August 16, 2002, 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 
July 29, 2002. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 6, 2002, 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 offer of financial assistance must be accompanied by 
the filing fee, which is currently set at $1,100. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representatives: Gary A. Laakso, Vice President Regulatory 
Counsel, Rail America, Inc., 5300 Broken Sound Boulevard NW., Second 
Floor, Boca Raton, FL 33487; and 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.
    WTLR has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by July 22, 
2002. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 500, Surface Transportation Board, Washington, DC 20423) or by 
calling SEA, at (202) 565-1552. [TDD for the hearing impaired is 
available 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), WTLR 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 WTLR's filing of a notice of 
consummation by July 17, 2003, 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 website at 
WWW.STB.DOT.GOV. Exit Disclaimer

    Decided: July 10, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-17806 Filed 7-16-02; 8:45 am]
BILLING CODE 4915-00-P

 
 

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