[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Notices]
[Pages 63216-63217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31089]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 115X)]
Union Pacific Railroad Company--Abandonment Exemption--in
Waukesha County, WI
Union Pacific Railroad Company (UP) has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of
Service and Trackage Rights to abandon and discontinue service over a
1.40-mile line of railroad on the Waukesha Industrial Lead from
milepost 18.16 to the end of UP's line at milepost 19.56 (Grand
Avenue), near Waukesha, in Waukesha County, WI. The line traverses
United States Postal Service Zip Codes 53186, 53187 and 53188.
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; (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 December
26, 1997, 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
December 8, 1997. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by December 16, 1997,
with: Surface Transportation Board, Office of the Secretary, Case
Control Unit, 1925 K Street, N.W., Washington, DC 20423.
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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 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: Joseph D. Anthofer, General Attorney, 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.
[[Page 63217]]
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 December 1, 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 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
November 26, 1998, and there are no legal or regulatory barriers to
consummation, the authority to abandon will automatically expire.
Decided: November 20, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary,
[FR Doc. 97-31089 Filed 11-25-97; 8:45 am]
BILLING CODE 4915-00-P
