Federal Register, Volume 62 Issue 240 (Monday, December 15, 1997)

[Federal Register Volume 62, Number 240 (Monday, December 15, 1997)]
[Notices]
[Pages 65732-65733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32648]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-439 (Sub-No. 3X)]


Dallas Rapid Transit--Abandonment Exemption--in Dallas, TX

    Dallas Rapid Transit (DART) a political subdivision of the State of 
Texas, has filed a notice of exemption under 49 CFR 1152 subpart F--
Exempt Abandonments to abandon a 6.99-mile line of railroad between 
milepost D-762.26 in the vicinity of Mockingbird Lane and milepost D-
755.27 in the vicinity of the Kansas City Southern Railway Company 
bridge overpass, in Dallas County, TX.¹ The line traverses 
United States Postal Service Zip Codes 75205, 75214, 75231 and 75238.
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    \1\ DART acquired this line of railroad from the Missouri 
Pacific Railroad Company (MP) in 1990 with MP retaining trackage 
rights. See Dallas Area Rapid Transit-Acquisition and Operation 
Exemption--Rail Line of Missouri Pacific Railroad Company and 
Missouri Pacific Railroad Company, Finance Docket No. 31690 (ICC 
served July 17, 1990).
    MP discontinued its trackage rights over the line as part of a 
joint relocation project. See Missouri Pacific Railroad Company and 
The Atchison, Topeka and Santa Fe Railway Company--Joint Relocation 
Project Exemption, Finance Docket No. 32060 (ICC served Apr. 27, 
1992).
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    DART has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic moving over 
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 
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 
14, 1998, 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 29, 1997. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 5, 1998, with: 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, N.W., Washington, DC 20423.
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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 
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.
    \3\ Each offer of financial assistance must be accompanied by 
the filing fee, which is currently set at $900. 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: Kevin M. Sheys, Oppenheimer Wolff & 
Donnelly, 1020 Nineteenth Street, N.W., Suite 400, Washington, DC 
20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    DART 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 December 19, 1997. Interested persons 
may obtain a copy of the EA by writing to SEA (Room 500, Surface 
Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 
565-1545. Comments on environmental and historic preservation matters 
must be filed within 15 days

[[Page 65733]]

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), DART 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 DART's filing of a notice of 
consummation by December 15, 1998, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

    Decided: December 8, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-32648 Filed 12-12-97; 8:45 am]
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