Jump to main content.

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

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

 [Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Notices]
[Page 27531-27532]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my06-127]

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

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 223X)]
 
Union Pacific Railroad Company--Abandonment Exemption--in Smith County, TX

    Union Pacific Railroad Company (UP) has filed a notice of exemption 
under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon a 
7.25-mile line of railroad, the Tyler Industrial Lead, extending from 
milepost 0.25 near Troup to milepost 7.50 near Whitehouse, in Smith 
County, TX. The line traverses United States Postal Service Zip Codes 
75789 and 75791. 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 June 10, 2006, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
May 22, 2006. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by May 31, 2006, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \1\ 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.
    \2\ Each OFA must be accompanied by the filing fee, which was 
increased to $1,300 effective on April 19, 2006. See Regulations 
Governing Fees for Services Performed in Connection with Licensing 
and Related Services--2006 Update, STB Ex Parte No. 542 (Sub-No. 13) 
(STB served March 20, 2006).
---------------------------------------------------------------------------

    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 report and historic report 
which addresses the effects, if any, of the abandonment on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by May 16, 2006. 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 May 11, 
2007, 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. Exit Disclaimer

    Decided: May 4, 2006.

[[Page 27532]]

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-7150 Filed 5-10-06; 8:45 am]
BILLING CODE 4915-01-P

 
 

Local Navigation

Jump to main content.