[Federal Register Volume 65, Number 227 (Friday, November 24, 2000)]
[Notices]
[Pages 70631-70632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29729]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 162X); STB Docket No. AB-576 (Sub-No. 
1X)]


Union Pacific Railroad Company--Abandonment Exemption--in Bexar 
County, TX; and Alamo Gulf Coast Railroad Company--Discontinuance of 
Service Exemption--in Bexar County, TX

    Union Pacific Railroad Company (UP) and Alamo Gulf Coast Railroad 
Company (AGCR) have filed a notice of exemption under 49 CFR 1152 
Subpart F--Exempt Abandonments and Discontinuances of Service and 
Trackage Rights for UP to abandon a 3.49-mile line of railroad on the 
Kerrville Subdivision (the Line) near Leon Springs from milepost 256.00 
near Russell Park to milepost 259.49 near Camp Stanley; and for AGCR to 
discontinue service over a 1.0-mile portion of the line from milepost 
256.0 to milepost 257.0, in Bexar County, TX. The line traverses United 
States Postal Service Zip Codes 78256 and 78257.
    UP and AGCR have certified that: (1) No local traffic has moved 
over the line for at least 2 years; (2) there has been 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 (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 these exemptions, any employee adversely affected 
by the abandonment or 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

[[Page 70632]]

expression of intent to file an offer of financial assistance (OFA) has 
been received, these exemptions will be effective on December 26, 2000, 
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 December 4, 2000. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by December 14, 2000, with: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, NW., Washington, DC 20423.
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    \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 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 offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicants' representatives: James P. Gatlin, General Attorney, Union 
Pacific Railroad Company, 1416 Dodge Street, Room 830, Omaha, NE 68179; 
and Richard A. Allen, Zuckert Scoutt & Rasenberger, LLP, 888 17th 
Street, NW., Suite 700, Washington, DC 20006. If the verified notice 
contains false or misleading information, the exemption is void ab 
initio.
    UP and AGCR have filed an environmental report which addresses the 
effects of the abandonment and discontinuance, if any, on the 
environment and historic resources. The Section of Environmental 
Analysis (SEA) will issue an environmental assessment (EA) by December 
1, 2000. 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) 565-1545. 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 
November 24, 2001, 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.''

    Decided: November 15, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-29729 Filed 11-22-00; 8:45 am]
BILLING CODE 4915-00-P