[Federal Register Volume 74, Number 113 (Monday, June 15, 2009)]
[Notices]
[Pages 28320-28321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13834]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 275)]


Union Pacific Railroad Company--Abandonment--in Rusk County, TX

    On May 26, 2009, Union Pacific Railroad Company (UP) filed with the 
Board an application for permission to abandon its Henderson Industrial 
Lead, extending from milepost 0.59, near Overton, to milepost 16.28, 
near Henderson, a distance of 15.69 miles, in Rusk County, TX (the 
Henderson Industrial Lead or the line). The line includes no stations 
and traverses United States Postal Service ZIP Code 75652.
    The line does not contain federally granted rights-of-way. Any 
documentation in UP's possession will be made available promptly to 
those requesting it. The applicant's entire case for abandonment (case-
in-chief) was filed with the application.
    This line of railroad has appeared on UP's system diagram map or 
been included in the narrrative in category 1 since August 28, 2008.
    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).
    Any interested person may file with the Board written comments 
concerning the proposed abandonment, or protests (including the 
protestant's entire case in opposition), by July 10, 2009. All 
interested persons should be aware that following any 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 U.S.C. 10905 (49 CFR 1152.28) and any request 
for a trail use condition under 16 U.S.C. 1247(d) (49 CFR 1152.29) must 
be filed by July 10, 2009. Each trail use request must be accompanied 
by a $250 filing fee. See 49 CFR 1002.2(f)(27). Applicant's reply to 
any opposition statements and its response to trail use requests must 
be filed by July 27, 2009. See 49 CFR 1152.26(a).
    Persons opposing the abandonment who wish to participate actively 
and fully in the process should file a protest. Persons who oppose the 
abandonment but who do not wish to participate fully in the process by 
submitting verified statements of witnesses containing detailed 
evidence should file comments. Persons seeking information concerning 
the filing of protests should refer to 49 CFR 1152.25. Persons 
interested only in seeking public use or trail use conditions should 
also file comments.
    In addition, a commenting party or protestant may provide: (i) An 
offer of financial assistance (OFA) for continued rail service under 49 
U.S.C. 10904 (due 120 days after the application is filed or 10 days 
after the application is granted by the Board, whichever occurs 
sooner); (ii) recommended provisions for protection of the interests of 
employees; (iii) a request for a public use condition under 49 U.S.C. 
10905; and (iv) a statement pertaining to prospective use of the right-
of-way for interim trail use and rail banking under 16 U.S.C. 1247(d) 
and 49 CFR 1152.29.
    All filings in response to this notice must refer to STB Docket No. 
AB-33 (Sub-No. 275) and must be sent to: (1) Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001; and (2) Mack H. 
Shumate, Jr., Senior General Attorney, 101 North Wacker Drive, Room 
1920, Chicago, IL 60606. The original and 10 copies of all comments or 
protests shall be filed with the Board with a certificate of service. 
Except as otherwise set forth in part 1152, every document filed with 
the Board must be served on all parties to the abandonment proceeding. 
49 CFR 1104.12(a).
    The line sought to be abandoned will be available for subsidy or 
sale for continued rail use, if the Board decides to permit the 
abandonment, in accordance with applicable laws and regulations (49 
U.S.C. 10904 and 49 CFR 1152.27). Each OFA must be accompanied by a 
$1,500 filing fee.\1\ See 49 CFR 1002.2(f)(25). No subsidy arrangement 
approved under 49 U.S.C. 10904 shall remain in effect for more

[[Page 28321]]

than 1 year unless otherwise mutually agreed by the parties (49 U.S.C. 
10904(f)(4)(B)). Applicant will promptly provide upon request to each 
interested party an estimate of the subsidy and minimum purchase price 
required to keep the line in operation. The carrier's representative to 
whom inquiries may be made concerning sale or subsidy terms is set 
forth above.
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    \1\ On June 4, 2009, the Board increased the fee for offers of 
financial assistance and trail use requests. See Regulations 
Governing Fees for Services Performed in Connection with Licensing 
and Related Services--2009 Update, STB Ex Parte No. 542 (Sub-No. 16) 
(STB served May 5, 2009).
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    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0230 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 33 days of the filing of the application. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service. The comments received will be addressed in the 
Board's decision. A supplemental EA or EIS may be issued where 
appropriate.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: June 8, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-13834 Filed 6-12-09; 8:45 am]
BILLING CODE 4915-01-P