Union Pacific Railroad CompanyAbandonment Exemptionin Hidalgo County, TX

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 136X)]

Union Pacific Railroad Company--Abandonment Exemption--in Hidalgo

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 its Santa Rosa Industrial Lead from milepost 145.0, near

Edinburg, to milepost 161.0, near Rogerslacy, a distance of 16.0 miles

in Hidalgo County, TX (line). The line traverses United States Postal

Service Zip Codes 78539-40 (Edinburg), 78539 (San Carlos), 78543

(Elsa), 78538 (Edcouch), and 78593 (Rogerslacy).

UP has certified that: (1) No local traffic has moved over the line

for at least 2 years; (2) any overhead traffic on the line 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, 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 be effective on July 23,

1999, 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 6,

1999. Petitions to reopen or requests for public use conditions under

49 CFR 1152.28 must be filed by July 13, 1999, with the Surface

Transportation Board, Office of the Secretary, Case Control Unit, 1925

K Street, NW, Washington, DC 20423-0001.

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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

applicant's representative: Joseph D. Anthofer, Esq., Union Pacific

Railroad Company, 1416 Dodge Street, Room 830, Omaha, NE 68179. If the

verified notice contains false or misleading information, the exemption

is void ab initio.

UP 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 June 28, 1999. Interested persons may

obtain a copy of the EA by writing to SEA (Room 500, Surface

Transportation Board, Washington, DC 20423-0001) 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 June

23, 2000, 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: June 10, 1999.

By the Board, David M. Konschnik, Director, Office of

Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 99-15452 Filed 6-22-99; 8:45 am]

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