[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Notices]
[Page 43743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20743]



[[Page 43743]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 280X); STB Docket No. AB-1038X); STB 
Docket No. AB-546X]


Union Pacific Railroad Company--Abandonment Exemption and 
Discontinuance of Service--in Tarrant County, TX; Fort Worth and Dallas 
Belt Railroad Company--Discontinuance of Service--in Tarrant County, 
TX; Fort Worth and Western Railroad Company--Discontinuance of 
Service--in Tarrant County, TX

    On August 7, 2009, Union Pacific Railroad Company (UP), Fort Worth 
and Dallas Belt Railroad Company (FWDB), and Fort Worth and Western 
Railroad Company (FWWR) (collectively, petitioners) jointly filed with 
the Surface Transportation Board (Board) a petition under 49 U.S.C. 
10502 for exemption from the provisions of 49 U.S.C. 10903 to permit: 
(1) UP to abandon and discontinue service over a segment of its North 
Fort Worth Branch line of railroad between milepost 633.02 and milepost 
634.25, a distance of approximately 1.23 miles in Tarrant County, TX; 
(2) FWDB to discontinue operations over the subject line segment; \1\ 
and (3) FWWR to discontinue overhead and local trackage rights over the 
subject line segment.\2\ The line traverses United States Postal 
Service Zip Code 76106.\3\
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    \1\ FWDB operates the line pursuant to a lease with UP. See Fort 
Worth and Dallas Belt Railroad-Acquisition and Operation Exemption-
Certain Lines of St. Louis Southwestern Railway Company, Finance 
Docket No. 32514 (ICC served June 22, 1994).
    \2\ FWDB, a corporate affiliate of FWWR, granted FWWR these 
trackage rights. See Forth Worth & Western Railroad Company-Trackage 
Rights Exemption-Forth Worth and Dallas Belt Railroad Company, 
Finance Docket No. 32590, (ICC served Nov. 10, 1994).
    \3\ Petitioners state that the lease and trackage rights will 
remain in full force and effect for the remainder of the North Fort 
Worth Branch.
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    In addition to an exemption from the prior approval requirements of 
49 U.S.C. 10903, petitioners seek exemption from 49 U.S.C. 10904 (offer 
of financial assistance procedures) and 49 U.S.C. 10905 (public use 
conditions). Petitioners also seek relief from the trail use provisions 
of the Board's regulations at 49 CFR 1152.29. In support, petitioners 
state that the sole purpose of their joint petition is to allow the 
proposed acquisition of the right-of-way associated with the line 
segment by the Tarrant Regional Water District for a public flood 
control and redevelopment project in the north downtown area of Forth 
Worth, TX, commonly known at the Trinity Uptown Project. These requests 
will be addressed in the final decision.
    The line does not contain federally granted rights-of-way. Any 
documentation in petitioners' possession will be made available 
promptly to those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by November 25, 2009.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2), 
will be due no later than 10 days after service of a decision granting 
the petition for exemption. Each OFA must be accompanied by a $1,500 
filing fee. See CFR 1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Any request for a public 
use condition under 49 CFR 1152.28 or for trail use/rail banking under 
49 CFR 1152.29 will be due no later than September 16, 2009. Each trail 
use request must be accompanied by a $200 filing fee. See 49 CFR 
1002.2(f)(27).
    All filings in response to this notice must refer to STB Docket No. 
AB-33 (Sub-No 280X), STB Docket No. 1038X), and STB Docket No.546X, and 
must be sent to: (1) Surface Transportation Board, 395 E Street, SW., 
Washington, DC 20423-0001; and (2) Mack H. Shumate, Jr., 101 North 
Wacker Drive, Room 1920, Chicago, IL 60606, and Paul H. Lamboley, Bank 
of America Plaza, 50 W. Liberty Street, Suite <greek-i>645, Reno, NV 
89501. Replies to the petition are due on or before September 16, 2009.
    Persons seeking further information concerning abandonment or 
discontinuance procedures may contact the Board's Office of Public 
Assistance, Governmental Affairs, and Compliance at (202) 245-0238 or 
refer to the full abandonment or discontinuance regulations at 49 CFR 
part 1152. Questions concerning environmental issues may be directed to 
the Board's Section of Environmental Analysis (SEA) at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 24, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-20743 Filed 8-26-09; 8:45 am]
BILLING CODE 4915-01-P