Union Pacific Railroad Company-Abandonment Exemption-in Harris County, Tex., 55924 [2020-20017]

Agencies

• Surface Transportation Board

[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Notices]
[Page 55924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20017]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 33 (Sub-No. 343X)]


Union Pacific Railroad Company--Abandonment Exemption--in Harris 
County, Tex.

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon rail service over an approximately 1.24-mile portion of the 
Houston Navigation Lead, from milepost 0.98 to milepost 1.31 and from 
milepost 1.71 to milepost 2.62, in Harris County, Tex. (the Line). The 
Line traverses U.S. Postal Service Zip Codes 77002 and 77003.
    UP has certified that: (1) No local traffic has moved over the Line 
for at least two years; (2) no overhead traffic has moved over the Line 
for at least two years and there is therefore no need to reroute any 
traffic; (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 is pending either 
with the Surface Transportation Board (Board) or any U.S. District 
Court or has been decided in favor of a complainant within the two-year 
period; and (4) the requirements at 49 CFR 1105.12 (newspaper 
publication), 49 CFR 1152.50(d)(1) (notice to governmental agencies), 
and 49 CFR 1105.7 and 1105.8 (environmental and historic report) 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) \1\ has been received, this exemption will 
be effective on October 10, 2020, unless stayed pending 
reconsideration. Petitions to stay that do not involve environmental 
issues \2\ must be filed by September 18, 2020, and formal expressions 
of intent to file an OFA under 49 CFR 1152.27(c)(2) and interim trail 
use/rail banking requests under 49 CFR 1152.29 must be filed by 
September 21, 2020.\3\ Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by September 30, 2020, 
with the Surface Transportation Board, 395 E Street SW, Washington, DC 
20423-0001.
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    \1\ Persons interested in submitting an OFA must first file a 
formal expression of intent to file an offer, indicating the type of 
financial assistance they wish to provide (i.e., subsidy or 
purchase) and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \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\ Filings fees for OFAs and trail use requests can be found at 
49 CFR 1002.2(f)(25) and (27), respectively.
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    A copy of any petition filed with Board should be sent to UP's 
representative, Jeremy Berman, 1400 Douglas St. #1580, Omaha, NE 68179.
    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 potential effects of the abandonment on the environment 
and historic resources. OEA will issue a Draft Environmental Assessment 
(Draft EA) by September 15, 2020. The Draft EA will be available to 
interested persons on the Board's website, by writing to OEA, or by 
calling OEA at (202) 245-0305. Assistance for the hearing impaired is 
available through the Federal Relay Service at (800) 877-8339. Comments 
on environmental and historic preservation matters must be filed within 
15 days after the Draft 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 a notice of consummation by September 
10, 2021, and there are no legal or regulatory barriers to 
consummation, the authority to abandon will automatically expire.
    Board decisions and notices are available at www.stb.gov.

    Decided: September 4, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2020-20017 Filed 9-9-20; 8:45 am]
BILLING CODE 4915-01-P