Union Pacific Railroad Company-Abandonment Exemption-in Comanche County, OK, 75809 [E8-29430]
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Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
persons wishing to make a brief rebuttal
will be given the opportunity to do so
in the same order in which initial
statements were made. Additional
procedures, as necessary for the conduct
of the hearing, will be announced at the
hearing.
The petitioners should be present at
the hearing and prepared to present
evidence that any requirements of
Chapter 203, title 49, United States
Code, for which exemption is sought to
‘‘preclude the development or
implementation of more efficient
railroad transportation equipment or
other transportation innovations under
existing law.’’
Issued in Washington, DC on December 8,
2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E8–29419 Filed 12–11–08; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–33 (Sub-No. 267X)]
jlentini on PROD1PC65 with NOTICES
Union Pacific Railroad Company—
Abandonment Exemption—in
Comanche County, OK
Union Pacific Railroad Company (UP)
has filed a notice of exemption under 49
CFR 1152 Subpart F—Exempt
Abandonments to abandon, and
discontinue its lease operation over a
3.85-mile line of railroad known as the
Lawton Industrial Lead, extending from
milepost 50.75, near Fort Sill, to
milepost 54.60, south of Lawton, in
Comanche County, OK. The line
traverses United States Postal Service
Zip Code 73503.1
UP has certified that: (1) No local
traffic has moved over the line for at
least 2 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 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
1 The line is owned by the State of Oklahoma
which holds no residual common carrier obligation.
The line does contain federally granted right-ofway.
VerDate Aug<31>2005
17:56 Dec 11, 2008
Jkt 217001
(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 January
13, 2009, 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
trail use/rail banking requests under 49
CFR 1152.29 must be filed by December
22, 2008. Petitions to reopen or requests
for public use conditions under 49 CFR
1152.28 must be filed by January 2,
2009, with: Surface Transportation
Board, 395 E Street, SW., Washington,
DC 20423–0001.
A copy of any petition filed with the
Board should be sent to UP’s
representative: Mack H. Shumate, Jr.,
Senior General Attorney, 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
addressing the effects, if any, of the
abandonment on the environment and
historic resources. SEA will issue an
environmental assessment (EA) by
December 19, 2008. Interested persons
may obtain a copy of the EA by writing
to SEA (Room 1100, Surface
Transportation Board, Washington, DC
20423–0001) or by calling SEA, at (202)
245–0305. [Assistance for the hearing
impaired is available through the
Federal Information Relay Service
(FIRS) at 1–800–877–8339.] Comments
on environmental and historic
preservation matters must be filed
2 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 (SEA) 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.
3 Each OFA must be accompanied by the filing
fee, which currently is set at $1,500. See 49 CFR
1002.2(f)(25).
PO 00000
Frm 00145
Fmt 4703
Sfmt 4703
75809
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 December 12, 2009, 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 https://
www.stb.dot.gov.
Decided: December 5, 2008.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E8–29430 Filed 12–11–08; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35204]
Watco Companies, Inc.—Continuance
in Control Exemption—Alabama
Warrior Railway, L.L.C.
Watco Companies, Inc. (Watco), a
noncarrier, has filed a verified notice of
exemption to continue in control of
Alabama Warrior Railway, L.L.C.
(AWR), upon AWR’s becoming a Class
III rail carrier.1
This transaction is related to a
concurrently filed verified notice of
exemption in STB Finance Docket No.
35203, Alabama Warrior Railway,
L.L.C.—Operation Exemption—Sloss
Industries Corporation and Jefferson
Warrior Railroad Company, Inc. In that
proceeding, AWR seeks an exemption
under 49 CFR 1150.31 to operate
approximately 24.575 miles of rail lines
owned by Sloss Industries Corporation
and Jefferson Warrior Railroad
Company, Inc. (JWR) in Birmingham,
AL. Also, JWR will assign its operating
rights to AWR over approximately
1,532.1 feet of rail line owned by BNSF
Railway Company in Birmingham.
The parties intend to consummate the
transaction on or shortly after December
26, 2008, the effective date of the
exemption.
1 Watco owns 100% of the issued and outstanding
stock of AWR.
E:\FR\FM\12DEN1.SGM
12DEN1
]]>Agencies
[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Page 75809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29430]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 267X)]
Union Pacific Railroad Company--Abandonment Exemption--in
Comanche County, OK
Union Pacific Railroad Company (UP) has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon, and
discontinue its lease operation over a 3.85-mile line of railroad known
as the Lawton Industrial Lead, extending from milepost 50.75, near Fort
Sill, to milepost 54.60, south of Lawton, in Comanche County, OK. The
line traverses United States Postal Service Zip Code 73503.\1\
---------------------------------------------------------------------------
\1\ The line is owned by the State of Oklahoma which holds no
residual common carrier obligation. The line does contain federally
granted right-of-way.
---------------------------------------------------------------------------
UP has certified that: (1) No local traffic has moved over the line
for at least 2 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 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 January 13, 2009, 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
trail use/rail banking requests under 49 CFR 1152.29 must be filed by
December 22, 2008. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by January 2, 2009, with:
Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-
0001.
---------------------------------------------------------------------------
\2\ 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 (SEA) 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.
\3\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to UP's
representative: Mack H. Shumate, Jr., Senior General Attorney, 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
addressing the effects, if any, of the abandonment on the environment
and historic resources. SEA will issue an environmental assessment (EA)
by December 19, 2008. Interested persons may obtain a copy of the EA by
writing to SEA (Room 1100, Surface Transportation Board, Washington, DC
20423-0001) or by calling SEA, at (202) 245-0305. [Assistance for the
hearing impaired is available through the Federal Information Relay
Service (FIRS) at 1-800-877-8339.] 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 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
December 12, 2009, 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 http:/
/www.stb.dot.gov.
Decided: December 5, 2008.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E8-29430 Filed 12-11-08; 8:45 am]
BILLING CODE 4915-01-P
