[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Notices]
[Pages 39512-39513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19178]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[STB Docket No. AB-33 (Sub-No. 100X)]
Union Pacific Railroad Company--Discontinuance of Service
Exemption--in Washington County, ID
Union Pacific Railroad Company (UP) has filed a notice of exemption
under 49 CFR Part 1152 Subpart F--Exempt Abandonments and
Discontinuances to abandon a 0.50-mile portion of the New Meadows
Branch from milepost 0.50 to the end of the line at milepost 1.00, near
Weiser, in Washington County, ID.
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\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803, which was enacted on December 29, 1995, and took effect
on January 1, 1996, abolished the Interstate Commerce Commission and
transferred certain functions to the Surface Transportation Board
(Board). This notice relates to functions that are subject to the
Board's jurisdiction pursuant to 49 U.S.C. 10903.
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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
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 August 28, 1996, 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 4 must be filed by August 8, 1996. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by August 19, 1996, with: Office of the Secretary, Case Control Branch,
Surface Transportation Board, 1201 Constitution Avenue, 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\ See Exempt. of Rail Abandonment--Offers of Finan. Assist.,
I.C.C.2d 164 (1987).
\4\ The Board will accept late-filed trail use requests so long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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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, 1416
Dodge Street 830, Omaha, NE 68179.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
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 August 2, 1996. Interested persons may
obtain a copy of the EA by writing to SEA (Room 3219, Surface
Transportation Board, Washington, DC 20423) or by calling Elaine
Kaiser, Chief of SEA, at (202) 927-6248. Comments on environmental and
historic preservation matters must be filed within 15 days after the EA
becomes available to the public.
[[Page 39513]]
Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
Decided: July 22, 1996.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams
Secretary.
[FR Doc. 96-19178 Filed 7-26-96; 8:45 am]
BILLING CODE 4915-00-P
