Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Notices 38691

1On July 6, 1998, UP filed a petition for

exemption in STB Finance Docket No. 33631 (SubNo. 1), Union Pacific Railroad Company—Trackage

Rights Exemption—The Burlington Northern and

Santa Fe Railway Company, wherein UP requests

that the Board permit the overhead trackage rights

arrangement described in the present proceeding to

expire on July 31, 1998. That petition will be

addressed by the Board in a separate decision.

1The 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 Outof-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.

2Each offer of financial assistance must be

accompanied by the filing fee, which currently is

set at $1000. See 49 CFR 1002.2(f)(25).

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 98–19128 Filed 7–16–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33631]

Union Pacific Railroad Company;

Trackage Rights Exemption; The

Burlington Northern and Santa Fe

Railway Company

The Burlington Northern and Santa Fe

Railway Company (BNSF) has agreed to

grant overhead trackage rights to Union

Pacific Railroad Company (UP) from

milepost 345.6, at Tower 55–UPRRX

near Fort Worth, to milepost 217.3, near

Temple, a distance of 128.3 miles in the

State of Texas.1

The transaction was scheduled to be

consummated on July 13, 1998.

The purpose of the trackage rights is

to permit UP to use BNSF trackage

while UP’s trackage is out of service for

maintenance.

As a condition to this exemption, any

employees affected by the trackage

rights will be protected by the

conditions imposed in Norfolk and

Western Ry. Co.—Trackage Rights—BN,

354 I.C.C. 605 (1978), as modified in

Mendocino Coast Ry., Inc.—Lease and

Operate, 360 I.C.C. 653 (1980).

This notice is filed under 49 CFR

1180.2(d)(7). If it contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10502(d)

may be filed at any time. The filing of

a petition to revoke will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33631, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served Joseph D.

Anthofer, Esq., 1416 Dodge Street, No.

830, Omaha, NE 68179.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: July 13, 1998.

By the Board, Joseph H. Dettmar, Acting

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–19129 Filed 7–16–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–57 (Sub–No. 45X)]

Soo Line Railroad Company;

Abandonment Exemption; in Dakota

County, MN

Soo Line Railroad Company (Soo) has

filed a notice of exemption under 49

CFR Part 1152 Subpart F—Exempt

Abandonments to abandon an

approximately .62+/-mile line of its

railroad on the Farmington Minnesota

Line between milepost 143.73+/-to

milepost 144.35+/-in Farmington,

Dakota County, MN. The line traverses

United States Postal Service Zip Code

55024.

Soo has certified that: (1) No local

traffic has moved over the line for at

least 2 years; (2) any overhead traffic

can be rerouted 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 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, 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, 1998, 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 July 27, 1998.

Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by August 6,

1998, with: Surface Transportation

Board, Office of the Secretary, Case

Control Unit, 1925 K Street, N.W.,

Washington, DC 20423.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: Larry D. Starns, Esq.,

Leonard, Street and Deinard

Professional Association, 150 South

Fifth Street, Suite 2300, Minneapolis,

MN 55402.

If the verified notice contains false or

misleading information, the exemption

is void ab initio.

Soo has filed an environmental report

which addresses the abandonment’s

effects, if any, on the environment and

historic resources. The Section of

Environmental Analysis (SEA) will

issue an environmental assessment (EA)

by July 22, 1998. 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), Soo 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

Soo’s filing of a notice of consummation

by July 17, 1999, 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: July 13, 1998.