81 FR 142 - Union Pacific Railroad Company-Abandonment Exemption-in McLennan County, TX

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 81, Issue 1 (January 4, 2016)

[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Notices]
[Pages 142-143]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32968]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 33 (Sub-No. 318X)]


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

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F-Exempt Abandonments to 
abandon 2.45 miles of rail line between milepost 2.31 and milepost 4.76 
near Waco, in McLennan County, Tex. (the Line).\1\ The Line traverse 
United States Postal Service Zip Codes 76704 and 76705.
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    \1\ UP states that the segment of rail line proposed for 
abandonment is the remaining portion of the former Texas Central 
Railroad (TCR). TCR was acquired by the Missouri-Kansas-Texas 
Railroad (MKT), and UP is the successor in interest to MKT. UP 
states that it is the owner and operator of the Line, which is known 
as UP's Texas Central Lead.
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    UP has certified that: (1) No local traffic has moved over the Line 
for at least two 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 (Board) or with any U.S. District Court or 
has been decided in favor of complainant within the two-year period; 
and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 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 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 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 
become effective on February 3, 2016, unless stayed pending 
reconsideration. Petitions to stay that do not involve environmental 
issues,\2\ formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\3\ and interim trail use/rail banking requests under 49 
CFR 1152.29 must be filed by January 14, 2016. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by January 25, 2016, with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001.
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    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. 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.
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to UP's 
representative: Mack H. Shumate, Jr., 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 and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by January 8, 2016. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling OEA at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service at (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 interim 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

[[Page 143]]

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 January 4, 
2017, 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 
www.stb.dot.gov.

    Decided: December 22, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2015-32968 Filed 12-31-15; 8:45 am]
 BILLING CODE 4915-01-P