42482 Federal Register / Vol. 63, No. 152 / Friday, August 7, 1998 / Notices

Filing Comments ACTION: Decision No. 6; Notice of Excel Version 7.0, or Quattro Pro The Agencies encourage broad acceptance of Requests for additional Version 7.0. The data contained on the diskettes or participation in the EIS process. conditions to the UP/SP merger for the compact discs submitted to the Board Interested persons and agencies are Houston, Texas/Gulf Coast area. may be submitted under seal (to the invited to participate in the scoping SUMMARY: The Board is accepting for extent that the corresponding paper phase through reviewing the scope of consideration requests for additional copies are submitted under seal), and study and submitting written comments conditions to the UP/SP merger for the materials submitted under seal will be to the SEA. A signed original of Houston/Gulf Coast region, filed July 8, for the exclusive use of Board comments should be submitted to: 1998: (1) jointly by the Texas Mexican employees reviewing substantive and/or Office of the Secretary, Case Control Railway Company (Tex Mex), Kansas procedural matters in this proceeding. Unit, STB Finance Docket No. 33407, City Southern Railway Company (KCS), The flexibility provided by such Surface Transportation Board, 1925 K and certain shipper and governmental computer data is necessary for efficient Street, NW, Washington, D.C. 20423– interests; (2) by the Burlington Northern review of these materials by the Board 0001. and Santa Fe Railway Company (BNSF); and its staff. The electronic submission To ensure proper handling of your and (3) by certain individual shippers. requirements set forth in this decision comments, you must mark your Certain requested conditions will be supersede, for the purposes of this submission: Attention: Elaine K. Kaiser, transferred for consideration to the proceeding, the otherwise applicable Chief, Section of Environmental Board’s general oversight proceeding for electronic submission requirements set Analysis, Environmental Filing. the UP/SP merger that began July 1, forth in our regulations. See 49 CFR By following this procedure, your 1998, in Finance Docket No. 32760 1104.3(a), as amended in Expedited comments will be placed in the formal (Sub-No. 21). Procedures for Processing Rail Rate public record for this case. In addition, DATES: Notices of intent to participate in Reasonableness, Exemption and SEA will add your name to its mailing the Houston/Gulf Coast oversight Revocation Proceedings, STB Ex Parte list for distribution of the final scope of proceeding are due August 28, 1998. All No. 527, 61 FR 52710, 711 (Oct. 8, study for the DEIS and FEIS and the comments, evidence, and argument 1996), 61 FR 58490, 58491 (Nov. 15, decision documents relating thereto. opposing the requested new conditions 1996).2 By the Board, Elaine K. Kaiser, Chief, are due September 18, 1998. Rebuttal in FOR FURTHER INFORMATION CONTACT: Section of Environmental Analysis. support of the requested conditions is Joseph H. Dettmar, (202) 565–1600. Vernon A. Williams, due October 16, 1998. [TDD for the hearing impaired: (202) Secretary. ADDRESSES: An original plus 25 copies 565–1695.] [FR Doc. 98–21215 Filed 8–6–98; 8:45 am] of all documents, referring both to STB SUPPLEMENTARY INFORMATION: By BILLING CODE 4915±00±P Finance Docket No. 32760 (Sub-No. 26) decision served August 12, 1996, the and, if applicable, the sub-number Board approved the common control additionally assigned to a particular and merger of the rail carriers controlled DEPARTMENT OF TRANSPORTATION request for conditions, must be sent to by Union Pacific Corporation and those the Office of the Secretary, Case Control controlled by Southern Pacific Rail Surface Transportation Board Unit, ATTN: STB Finance Docket No. Corporation (collectively UP/SP), 3 32760 (Sub-No. 26), Surface subject to various conditions. Common [STB Finance Docket No. 32760 (Sub±No. control was consummated on September 26)]1 Transportation Board, 1925 K Street, N.W., Washington, DC 20423–0001. 11, 1996. We imposed a 5-year oversight Union Pacific Corporation, Union In addition, one copy of all condition to examine whether the Pacific Railroad Company, and documents in this proceeding must be conditions we imposed ‘‘effectively Missouri Pacific Railroad CompanyÐ sent to UP’s representative, Arvid E. addressed the competitive issues they Control and MergerÐSouthern Pacific Roach II, Esq., Covington & Burling, were intended to address,’’ and we Rail Corporation, Southern Pacific 1201 Pennsylvania Avenue, N.W., P.O. retained jurisdiction to impose Transportation Company, St. Louis Box 7566, Washington, D.C. 20044, and additional remedial conditions if those Southwestern Railway Company, to Administrative Law Judge Stephen already imposed proved insufficient. SPCSL Corp., and The Denver and Rio Grossman, Federal Energy Regulatory UP/SP Merger at 13. In our initial Grande Western Railroad Company; Commission, 888 First Street, N.E., oversight proceeding, we determined Houston/Gulf Coast Oversight Suite 11F, Washington, D.C. 20426. that, while it was still too early to tell, Electronic Submissions. In addition to there was no evidence at that time that AGENCY: Surface Transportation Board, an original and 25 copies of all paper the merger, with the conditions that the DOT. documents filed with the Board, the Board had imposed, had produced any 4 parties shall also submit, on 3.5 inch adverse competitive consequences. We 1 This decision embraces the following: (1) indicated, however, that our oversight Finance Docket No. 32760 (Sub-No. 27), Texas IBM-compatible diskettes or compact discs, copies all textual materials, would be ongoing, and that we would Mexican Railway Company & Kansas City Southern continue vigilant monitoring. 5 Railway—Construction Exemption—Rail Line electronic workpapers, data bases and Between Rosenberg and Victoria, TX; (2) Finance spreadsheets used to develop Docket No. 32760 (Sub-No. 28), Burlington 2 A copy of each diskette or compact disc Northern and Santa Fe Railway Company— quantitative evidence. Textual material submitted to the Board should be provided to any Terminal Trackage Rights—Texas Mexican Railway must be in, or convertible by and into, other party upon request. Company; (3) Finance Docket No. 32760 (Sub-No. WordPerfect 7.0. Electronic 3 Union Pacific Corp.—Control and Merger— 29), Burlington Northern and Santa Fe Railway spreadsheets must be in, or convertible Southern Pacific Rail Corp., Finance Docket No. Company—Application for Additional Remedial 32760 (UP/SP Merger), Decision No. 44 (STB served Conditions Regarding Houston/Gulf Coast Area; (4) by and into, Lotus 1–2–3 97 Edition, Aug. 12, 1996). Finance Docket No. 32760 (Sub-No. 30), Texas 4 Union Pacific Corp.—Control and Merger— Mexican Railway Company, et al.—Request For Forced Line Sales; (6) Finance Docket No. 32760 Southern Pacific Rail Corp., Finance Docket No. Adoption of Consensus Plan; (5) Finance Docket (Sub-No. 32), Capital Metropolitan Transportation 32760 (Sub-No. 21), Decision No. 10 (STB served No. 32760 (Sub-No. 31), Houston & Gulf Coast Authority— Responsive Application—Interchange Oct. 27, 1997) (UP/SP Oversight). Railroad—Application for Trackage Rights and Rights. 5 Id. at 2–3. Federal Register / Vol. 63, No. 152 / Friday, August 7, 1998 / Notices 42483

Last summer, UP/SP experienced examine whether there is any (a) lifted the restriction on trackage serious service difficulties caused by, relationship between any market power rights that Tex Mex received in the UP/ among other things, severely congested gained by UP/SP through the merger SP merger over UP/SP’s Corpus Christi/ UP/SP lines in and around Houston and the failure of service that occurred Robstown—Beaumont, TX line; 12 and that, in turn, affected rail service in the region, and, if so, whether (b) afforded trackage rights to Tex throughout the western United States, additional remedial conditions would Mex over the UP’s ‘‘Algoa route’’ and the Board issued a series of be appropriate. We also provided that between Placedo and Algoa, TX and decisions under its emergency service we would grant requested conditions over the BNSF between Algoa and order authority under 49 U.S.C. 11123, that would substantially change UP/SP’s T&NO Jct.; effective until August 2, 1998, to existing configuration and operations in (2) Restore ‘‘neutral switching’’ in address those difficulties. 6 In those the region only upon the type of Houston, said to be lost when UP/SP decisions, we rejected proposals offered evidence required for inconsistent and BNSF dissolved the HBT, that by certain shipper, carrier, and applications in merger proceedings. would encompass all of the industries governmental interests that would have Houston/Gulf Coast Oversight, Decision and trackage that were formerly served addressed the emergency by requiring No. 1, at 6. by the HBT, and all industries and UP/SP to permanently afford access to All interested persons were directed trackage of the PTRA, and, if PTRA is certain of its lines in and around to file their requests for additional designated as the neutral switching Houston to other rail carriers, and to conditions, along with all supporting provider, grant it trackage rights over divest other lines. We determined that evidence, by June 8, 1998. Pursuant to former HBT trackage and the use of one of the primary reasons for the a joint motion by KCS/Tex Mex and appropriate yards. service crisis was the inadequate others, we extended that date until July (3) Expand the neutral switching area infrastructure in the region, and that 8, 1998. 10 to include: proposals to transfer line ownership (a) all shippers currently located on and/or broadly permit other rail carriers Summary of Requests the former SP Galveston Subdivision access to the merged UP/SP network As indicated in Decision No. 1, we are between Harrisburg Jct. and Galveston, would likely work not to end the confining our consideration in this including those at Sinco, Pasadena, Deer immediate crisis, but exacerbate it. As a proceeding to requests for new Park, Strang, LaPorte, the Clinton result, and mindful that our emergency conditions that would reconfigure the Branch, the Bayport Loop and the service order authority under section existing UP/SP network in the Houston/ Bayport area, including Barbours Cut 11123 is temporary (up to 270 days), we Gulf Coast region. Requests for and the Navigation Lead; and adopted only those measures designed conditions that would affect the UP/SP (b) all shippers at Galveston located to free up traffic in and around Houston network outside of this region, or on both the former SP and the former without further aggravating congestion requests for other kinds of conditions UP routes between Houston and in the area or creating additional service Galveston, and require that the neutral 7 more broadly applicable to the merger disruptions. switching company be granted trackage The Board provided, however, that as a whole, will be considered instead in the ‘‘general’’ oversight proceeding, rights between Houston and Galveston interested persons could present longer- over both routes, with rights to serve all term restructuring proposals of the kind Finance Docket No. 32760 (Sub-No. 21), that began on July 1, 1998.11 The industries located along the two lines suggested above in the UP/SP merger and access to the former SP and UP oversight process. 8 Based on a joint requests that we will consider in this yards at Strang and Galveston. request for such relief filed on February proceeding are summarized below. (4) Establish neutral dispatching 12, 1998, by Tex Mex/KCS, and one The ‘‘Consensus Plan’’ (Finance Docket within the neutral switching area, to be filed March 6, 1998, by the Greater No. 32760 (Sub-No. 30)) located, managed and administered by Houston Partnership, the Board, on the PTRA, and require that all railroads March 31, 1998, instituted a discrete The ‘‘consensus plan’’ has been serving Houston be granted terminal oversight proceeding to consider offered by Tex Mex/KCS, the Chemical trackage rights by the owning carrier requests for additional conditions to the Manufacturers Association, the Railroad over all tracks within the neutral UP/SP merger for the Houston/Gulf Commission of Texas, the Society of the switching and dispatching area, so that Coast region.9 We stated that we would Plastics Industry, Inc., and the Texas Chemical Council. These parties ask us the neutral dispatcher could route trains 6 STB Service Order No. 1518, Joint Petition for to: over the most efficient route. Service Order (Service Order No. 1518) (STB served (1) Impose permanently provisions of (5) Require UP/SP and BNSF to Oct. 31 and Dec. 4, 1997, and Feb. 17 and 25, 1998). Service Order No. 1518 that: acknowledge Tex Mex’s full voting 7 Id., Feb. 17, 1998 Decision, at 5–7; Feb. 25, 1998 membership on the PTRA board and to Decision, at 4–5. We also ordered UP/SP to submit restore the Port of Houston Authority as detailed infrastructure plans for the region, and, on No. 32760 (Sub-No. 26) (Houston/Gulf Coast May 1, 1998, the carrier outlined its plan to invest Oversight), rather than (Sub-No. 21), and a full voting member of the PTRA board; $1.4 billion in rail infrastructure in the Houston/ designating Decision No. 12 in Sub-No. 21 as Gulf Coast area over the next five years, including Decision No. 1 in Sub-No. 26. The annual ‘‘general’’ 12 As a condition to our approval of the UP/SP more than $600 million in new rail capacity. See oversight proceeding conducted in the Sub-No. 21 merger, we granted Tex Mex access to Houston area Union Pacific’s Report on Houston and Gulf Coast proceeding, which began July 1, 1998 upon the shippers switched by the Port Terminal Railroad Infrastructure, at 1–2, filed May 1, 1998, in Ex Parte filing by UP/SP and BNSF of their quarterly merger Association (PTRA) and the Houston Belt & No. 573, Rail Service in the Western United States, progress reports, will continue as planned. See UP/ Terminal Railway Company (HBT) via trackage STB Service Order No. 1518, Joint Petition for SP Oversight, Decision No. 10, at 18–19. rights over UP/SP’s Corpus Christi/Robstown— Service Order. 10 Finance Docket No. 32760 (Sub-No. 26), Beaumont line, subject to the restriction that all Tex 8 Id., Feb. 17, 1998 Decision, at 8; see also Feb. Decision No. 5 (STB served June 1, 1998). Mex traffic using these trackage rights must have a 25, 1998 Decision, at 4. 11 Thus, we will consider in the Sub-No. 21 prior or subsequent movement over Tex Mex’’ 9 The Board instituted this proceeding in Finance proceeding, not this proceeding, the request by the Laredo-Corpus Christi line. UP/SP Merger, Decision Docket No. 32760 (Sub-No. 21), Decision No. 12, Western Coal Traffic League for an accounting No. 44, at 150. In Service Order No. 1518, we published in the Federal Register on April 3, 1998 condition that would require UP to separately suspended that restriction and directed UP to (63 FR 16628). By decision served May 19, 1998, account for all costs and charges arising as a release these shippers from their contracts so that the Board corrected the March 31 decision by consequence of the inefficiencies caused by the UP/ those desiring to do so could route traffic over Tex designating the docket number as Finance Docket SP merger. Mex and BNSF, in lieu of UP/SP. 42484 Federal Register / Vol. 63, No. 152 / Friday, August 7, 1998 / Notices

(6) Require UP/SP to sell to Tex Mex (1) Grant BNSF permanent BNSF can avoid congestion in the its line between Milepost 0.0 at bidirectional overhead trackage rights Houston terminal area; Rosenberg and Milepost 87.8 at Victoria, on UP’s Caldwell-Flatonia-San Antonio (8) Order the coordinated dispatching TX. Tex Mex would re-construct this and Caldwell-Flatonia-Placedo lines to of operations over the UP and SP routes line and, when completed, grant UP/SP give BNSF long-term operational between Houston and Longview, TX, and BNSF trackage rights between flexibility to avoid congested UP lines and Houston and Shreveport, LA, by the Rosenberg and Victoria to facilitate UP’s between Temple and San Antonio, TX SCDC, to alleviate congestion in the directional traffic on the Brownsville and between Algoa and Corpus Christi, corridor and to improve coordination of Subdivision.13 Grant Tex Mex related TX; BNSF and UP trains arriving and trackage rights over the two miles on the (2) Grant BNSF trackage rights over departing the Houston area on UP lines south end of this line between Milepost both the UP line and the SP line north of Houston; and 87.8 and the point of connection at UP/ between Harlingen and Brownsville, TX (9) Grant overhead trackage rights on SP’s Port LaVaca branch at Victoria; (until UP constructs a connection UP’s San Antonio-Laredo line to avoid (7) Require UP to sell or lease an between the UP and SP lines at the adverse impact of (a) unnecessary existing yard in Houston (preferably the Brownsville to complete a rail bypass routing of traffic through Houston, UP’s Booth Yard) to the Tex Mex. Tex Mex project) and allow the Brownsville & Rio south Texas congestion and service would sub-lease to UP a portion of the Grande International Railroad (BRGI) to problems, and UP’s alleged favoritism of yard to hold up to 300 empty storage act as BNSF’s agent for such service, so its own business, and (b) the unforeseen cars until Tex Mex can complete that BNSF may begin effective and changes in market structuring, including construction of the line between competitive trackage rights service to the influence of KCS on Tex Mex’s Rosenberg and Victoria and build a both Brownsville and the ability to work with BNSF at Laredo, storage yard between Rosenberg and El Transportacion Ferroviara Mexicana and the unexpected lack of direct Campo. Upon completion of the new (TFM) connection at Matamoros, and to competition in the privatized Mexican storage yard, Tex Mex would cancel its alleviate problems in the Brownsville rail system. sub-lease with UP and offer to lease to area resulting from the incomplete rail UP track space at the new storage yard BNSF (Finance Docket No. 32760 (Sub- bypass project; No. 28)) for the same number of empty storage (3) Grant BNSF overhead trackage cars and to upgrade Booth Yard by rights on the UP Taylor-Milano line, so In a related proposal, BNSF has filed reconstructing the south end of the yard; that BNSF may avoid congestion on the an application asking the Board to grant and UP lines between Temple and Taylor, it terminal trackage rights that would (8) Require UP to allow Tex Mex/KCS and Taylor and Sealy, and to provide a permit it: to construct a new rail line on UP’s less circuitous routing; (a) to use a segment of Tex Mex track right-of-way adjacent to UP’s Lafayette between MP 0.00 at the International (4) Order neutral switching Subdivision between Dawes and Bridge at Laredo, TX and the vicinity of supervision on the former SP Baytown Langham Road, Beaumont, TX. Upon MP 0.50, including over the and Cedar Bayou Branches and on the completion of this new rail line, Tex International Bridge at Laredo; and former SP Sabine and Chaison Branches Mex/KCS would deed it to UP in (b) equal access to use the serving the Beaumont-Port Arthur, TX exchange for a deed to the UP’s International Bridge for interchange area, to correct UP’s inadequate local Beaumont Subdivision between purposes through establishment of switch service via haulage and Settegast Jct., Houston, and Langham defined operational windows for reciprocal switch between BNSF and its Road, Beaumont. Tex Mex would BNSF’s use. dispatch this line from Houston and customers. The neutral switching The Board will accept and consider grant BNSF and UP trackage rights over supervisor would be selected by the the Consensus Plan and BNSF this line, and would retain trackage parties unless they were unable to agree, proposals. rights over the Lafayette Subdivision in which case the switching supervisor Shipper-Requested Conditions between Houston and Beaumont.14 would be selected by an arbitrator; (5) Order PTRA’s operation of the UP Various Houston area and other Texas BNSF (Finance Docket No. 32760 (Sub- Clinton Branch in Houston, in order to shippers have filed requests, with No. 29)) eliminate delays caused by UP to supporting evidence, for new conditions In this proposal, the Board is asked to: BNSF’s trains providing service to the to the merger that would have discrete Houston Public Elevator; application to them. Shippers making 13 We note that, in its initial proposal, filed March (6) Grant BNSF overhead trackage these requests are E.I. DuPont de 30, 1998 (Sub-No. 27), Tex Mex requested an rights giving it the option to join the Nemours and Company,15 Dow exemption from 49 U.S.C. 10901 to reconstruct the directional operations over any UP line, 16 Rosenberg-Victoria line. In the Consensus Plan, the Chemical Company, Formosa Plastics parties now believe that construction authority or lines in corridors where BNSF has under section 10901, or an exemption from having trackage rights over one, but not both, 15 DuPont asks that we impose conditions that to obtain our authorization, is not required, based lines involved in the UP directional would remove the prohibition against PTRA serving on UP’s representations that it never exercised its flows, specifically including the Fort DuPont’s LaPorte, TX, plant; require UP and PTRA abandonment authority over any part of the line. to work out a service plan for the LaPorte plant; and Therefore, as a line still within the Board’s Worth-Dallas line (via Arlington), so require UP to restore DuPont’s unrestricted jurisdiction, Tex Mex asserts that it requires only that BNSF could provide more efficient reciprocal switching options. DuPont more a Board order requiring UP to sell it the line. competitive operations; generally requests that we remove the restriction 14 Shell Oil Company endorses most of the (7) Grant BNSF trackage rights on against reciprocal switching for intrastate recommendations of the consensus group. However, transportation, and authorize Tex Mex to serve it does not support compelling UP to sell to Tex additional UP lines for BNSF to operate Houston customers served by HBT’s successors, Mex the Rosenberg-Victoria line or the Booth Yard, over any available clear routes through PTRA, and all other industries open to reciprocal nor forcing the carrier to allow Tex Mex/KCS to the terminal, as determined and switching on the UP. construct a new rail line adjacent to the UP managed by the Spring Consolidated 16 Dow requests a condition that would grant Lafayette Subdivision in Beaumont. Instead, Shell permanent haulage rights to BNSF on the Freeport asks us to facilitate these changes by asking the Dispatching Center (SCDC), including Industrial Spur between the UP mainline at parties to agree to them, with arbitration in the the SP route between West Junction and Angleton, TX, and Dow’s chemicals and plastics event no agreement can be reached. Tower 26 via Chaney Junction, so that production complex at Freeport, TX, with (a) the Federal Register / Vol. 63, No. 152 / Friday, August 7, 1998 / Notices 42485

Corporation, U.S.A.,17 and Central miles of UP/SP tracks between Round Although Mr. Cotton filed no Power & Light Company.18 The Greater Rock and McNeil, TX, and interchange evidence in support of H&GC’s requests, Houston Partnership (GHP) also adopted rights at McNeil with Capital Metro’s he has asserted that a grant of the a resolution with recommendations to operator, the Central of Tennessee conditions he has requested would promote competitive rail service in Railway & Navigation Company, Inc. d/ benefit freight shippers and competition Houston similar to many of the b/a the Longhorn Railway Company in the Houston area. We will accept and requested conditions made by BNSF (Longhorn). The Board will accept and consider his late-filed application.20 and the Consensus Plan, particularly consider this request. In the UP/SP Finally, we note that several persons that for neutral switching.19 merger, the Board determined that have filed letters supporting one or The Board will accept and consider Capital Metro could interchange freight more of the requested conditions all of these proposals. We also note that traffic with BNSF at Giddings, at the summarized above; others have the National Industrial Transportation east end of the line, or Elgin, toward the submitted letters, without supporting League (NITL), while not making any center of the line, but it denied Capital evidence, that request other conditions. specific requests, argues that there is a Metro’s requested condition that BNSF These letters will be placed in the clear need for additional conditions to be permitted to interchange with docket, but any requested conditions the merger in the Houston/Gulf Coast Longhorn at McNeil, the line’s made in them different than those region, and asks that the Board westernmost interchange point. UP/SP outlined above will not be considered. particularly consider proposals that Merger, Decision No. 44, at 182. Capital As set forth previously in Decision would establish neutral switching in Metro is seeking the ‘‘McNeil’’ Nos. 1 and 5, notices of intent to Houston, make permanent the condition anew, because BNSF no participate are due August 28, 1998. All emergency service order authority longer runs through trains through comments, evidence, and argument granted to Tex Mex, provide increased Elgin, the interchange point Capital opposing the requests for new overhead trackage rights in the region, Metro selected, due to UP/SP congestion conditions to the merger for the and encourage increased infrastructure. south of Elgin, and Giddings is only a Houston/Gulf Coast region are due Capital Metropolitan Transportation theoretical interchange. September 18, 1998, along with Authority (Finance Docket No. 32760 Kenneth B. Cotton (Finance Docket No. comments by the U.S. Department of (Sub-No. 32) 32760 (Sub-No. 31)) Justice and the U.S. Department of Transportation. Rebuttal evidence and Capital Metro, a regional transit On August 3, 1998, Kenneth B. authority that owns a 162-mile line that argument in support of requests for new Cotton, a small businessman on behalf conditions are due October 16, 1998. traverses Austin, TX between Giddings of the Houston and Gulf Coast Railroad and Llano, TX, requests, with All discovery matters in this (H&GC), asks the Board to accept a late- proceeding have been assigned to supporting evidence, a condition filed application for new conditions. granting BNSF trackage rights over 4.4 Administrative Law Judge Stephen Mr. Cotton requests the following: Grossman, Federal Energy Regulatory (1) Grant H&GC trackage rights on UP Commission, 888 First Street, N.E., right for Dow and/or BNSF to construct a storage between Wharton, TX and Rosenberg, Suite 11F, Washington, DC 20426 [202– and gathering yard to interconnect with the UP line TX, and allow interchange with BNSF at near Angleton, or another point to be determined 219–2538, FAX (202) 219–3289].21 Rosenberg; later, and (b) the requirement that UP efficiently This action will not significantly interchange Dow’s traffic with BNSF at that (2) If the Wharton-Rosenberg and interconnection, at haulage rates and terms to be Wharton-Victoria segments of UP’s affect either the quality of the human established pursuant to the UP/BNSF Settlement Rosenberg-Victoria line are sold to Tex environment or the conservation of Agreement under the UP/SP Merger. Dow also energy resources. requests a condition granting BNSF authority to Mex, grant H&GC trackage rights from build out from Freeport to an interconnection with Victoria-Rosenberg over Tex Mex, with Decided: August 3, 1998. the UP mainline between Chocolate Bayou and switching rights between Victoria and By the Board, Chairman Morgan and Vice Angleton, TX, at an undetermined point. Rosenberg, and with interchange rights Chairman Morgan. 17 Formosa requests a condition that would permit BNSF, which has trackage rights on UP’s at Victoria with Tex Mex, BNSF, and Vernon A. Williams, line between Algoa and Corpus Christi, TX, to UP; Secretary. switch with Formosa and serve the shipper’s Point (3) Grant H&GC trackage rights on UP Comfort plant. between Rosenberg and Houston via Procedural Schedule 18 Central Power & Light requests a condition that would permit BNSF to use 16 miles of UP track West Junction, with access to PTRA, August 28, 1998—Notice of intent to beginning in Victoria, TX, to deliver unit coal trains New South, Englewood, and Settegast participate in proceeding due. to its power plant at Coleto Creek, TX. Yards; September 18, 1998—All comments, 19 GHP specifically asks the Board to: (1) consider (4) Grant H&GC trackage rights on UP evidence, and argument opposing making permanent the temporary trackage rights between Bay City, TX, and Algoa, TX, already granted railroads serving the Houston-Gulf requests for new remedial conditions to Coast region; (2) make the Port of Houston and all with interchange rights with BNSF at the merger due. Comments by U.S. long haul railroads serving Houston full and equal Algoa; Department of Justice and U.S. voting members of the PTRA board; (3) provide a (5) Require UP to sell H&GC track Department of Transportation due. mechanism for all railroads serving Houston to buy from Congress Yard in Houston to M.P. trackage rights over trackage owned by the Port of October 16, 1998—Rebuttal evidence Houston and operated by PTRA, trackage formerly 233.0 in Galveston, TX, including rights and argument in support of requests for owned by the HBT prior to its dissolution, and over the lift bridge at Galveston, and to new conditions due. additional trackage; (4) order the reconstitution of interchange with H&GC all Galveston- PTRA as a neutral dispatching, switching and car bound grain trains at Congress Yard or movement operator, to encompass all of the 20 In contrast, we will not accept or consider trackage described in (3); (5) encourage UP/SP to Rosenberg. H&GC also requests access to requested conditions by the Texas Electric Rail agree with other carriers to sell or lease abandoned the Texas City Terminal Railway at Lines, which does not appear to offer freight and underutilized rights of way and switching Texas City, TX; and service, for the forced sale, or forced rehabilitation yards, and mediate negotiations for sales and leases; (6) Require UP to sell the former SP and reactivation, of several vaguely and and (6) order PTRA to develop a regional master inadequately described UP/SP lines in Texas. plan of added facilities and operations needed to Galveston Subdivision line between 21 Houston/Gulf Coast Oversight, Finance Docket provide system capacity in excess of demand for the M.P. 38.8 to M.P. 55.6, with trackage No. 32760 (Sub-No. 26), Decision No. 2 (STB served foreseeable future. rights over the lift bridge at Galveston. May 19, 1998). 42486 Federal Register / Vol. 63, No. 152 / Friday, August 7, 1998 / Notices

The necessity of briefing, oral Street, N.W., Washington, DC 20423– DATES: Written comments should be argument, and voting conference will be 0001, and (2) Robert P. vom Eigen, received on or before October 6, 1998 to determined after the Board’s review of Hopkins & Sutter, 888 Sixteenth Street, be assured of consideration. the pleadings. N.W., Washington, DC 20006. Replies to ADDRESSES: Direct all written comments [FR Doc. 98–21216 Filed 8–6–98; 8:45 am] the GTW petition are due on or before to Department of the Treasury, August 27, 1998. BILLING CODE 4915±00±P Departmental Offices, Angelie Jackson, Persons seeking further information Office of Procurement, 1500 concerning abandonment procedures Pennsylvania Avenue, NW, c/o 1310 G DEPARTMENT OF TRANSPORTATION may contact the Board’s Office of Public Street, NW, Suite 4W101, Washington, Services at (202) 565–1592 or refer to DC 20220, (202) 622–0245; Surface Transportation Board the full abandonment or discontinuance [email protected]. regulations at 49 CFR part 1152. [STB Docket No. AB±31 (Sub±No. 32X)] FOR FURTHER INFORMATION CONTACT: Questions concerning environmental Requests for additional information or Grand Trunk Western Railroad issues may be directed to the Board’s copies of the forms(s) and instructions IncorporatedÐAbandonment Section of Environmental Analysis should be directed to Department of the ExemptionÐin Oakland County, MI (SEA) at (202) 565–1545. [TDD for the Treasury, Departmental Offices, Angelie hearing impaired is available at (202) Jackson, Office of Procurement, 1500 On July 20, 1998, Grand Trunk 565–1695.] Western Railroad Incorporated (GTW) Pennsylvania Avenue, NW, c/o 1310 G An environmental assessment (EA) (or Street, NW, Suite 4W101, Washington, filed with the Surface Transportation environmental impact statement (EIS), if Board (Board) a petition under 49 U.S.C. DC 20220, (202) 622–0245; necessary) prepared by SEA will be [email protected]. 10502 for exemption from the served upon all parties of record and SUPPLEMENTARY INFORMATION: provisions of 49 U.S.C. 10903 to upon any agencies or other persons who Title: Post-Award Contract abandon a 3.1-mile line of railroad commented during its preparation. Information. known as the Jackson Spur extending Other interested persons may contact between milepost 35.3 at Pontiac and OMB Number: 1505–0080. SEA to obtain a copy of the EA (or EIS). Abstract: This notice provides a milepost 38.4 at Sylvan Lake, in EAs in these abandonment proceedings Oakland County, MI. The line traverses request to continue including the normally will be made available within designated OMB Control Number on U.S. Postal Service Zip Codes 48341 and 60 days of the filing of the petition. The 48320 and includes no stations. information requested from contractors. deadline for submission of comments on The information requested is specific to The line does not contain federally the EA will generally be within 30 days granted rights-of-way. Any each contract and is required for of its service. Treasury to evaluate properly the documentation in GTW’s possession Board decisions and notices are will be made available promptly to progress made and/or management available on our website at controls used by contractors providing those requesting it. ‘‘WWW.STB.DOT.GOV.’’ The interest of railroad employees supplies or services to the Government will be protected by the conditions set Decided: August 3, 1998. and to determine contractors’ forth in Oregon Short Line R. Co.— By the Board, David M. Konschnik, compliance with the contracts, in order Abandonment—Goshen, 360 I.C.C. 91 Director, Office of Proceedings. to protect the Government’s interest. (1979). Vernon A. Williams, Current Actions: There are no changes By issuance of this notice, the Board Secretary. being made to the notice at this time. is instituting an exemption proceeding [FR Doc. 98–21217 Filed 8–6–98; 8:45 am] Type of Review: Extension of a pursuant to 49 U.S.C. 10502(b). A final BILLING CODE 4915±00±P currently approved collection. decision will be issued by November 6, Affected Public: Businesses and 1998. individuals contracting with the Any offer of financial assistance Department of the Treasury. (OFA) under 49 CFR 1152.27(b)(2) will DEPARTMENT OF THE TREASURY Estimated Number of Respondents: be due no later than 10 days after 5,565. Proposed Collection; Comment service of a decision granting the Estimated Time Per Respondent: 14 Request petition for exemption. Each offer must hours, 46 minutes. be accompanied by a $1,000 filing fee. ACTION: Notice and request for Estimated Total Annual Burden See 49 CFR 1002.2(f)(25). comments. Hours: 82,218. All interested persons should be Request for Comments aware that, following abandonment of SUMMARY: The Department of the rail service and salvage of the line, the Treasury, as part of its continuing effort Comments submitted in response to line may be suitable for other public to reduce paperwork and respondent this notice will be summarized and/or use, including interim trail use. Any burden, invites the general public and included in the request for OMB request for a public use condition under other Federal agencies to take this approval. All comments will become a 49 CFR 1152.28 or for trail use/rail opportunity to comment on proposed matter of pubic record. Comments are banking under 49 CFR 1152.29 will be and/or continuing information invited on: (a) Whether the collection of due no later than August 27, 1998. Each collections, as required by the information is necessary for the proper trail use request must be accompanied Paperwork Reduction Act of 1995, performance of the functions of the by a $150 filing fee. See 49 CFR Public Law 104–13 (44 U.S.C. agency, including whether the 1002.2(f)(27). 3506(c)(2)(A)). Currently, the information shall have practical utility; All filings in response to this notice Departmental Offices within the (b) the accuracy of the agency’s estimate must refer to STB Docket No. AB–31 Department of the Treasury is soliciting of the burden of the collection of (Sub-No. 32X) and must be sent to: (1) comments concerning the OMB Control information; (c) ways to enhance the Surface Transportation Board, Office of Number 1505–0080, Post-Contract quality, utility, and clarity of the the Secretary, Case Control Unit, 1925 K Award Information. information to be collected; (d) ways to