[Federal Register Volume 63, Number 145 (Wednesday, July 29, 1998)]
[Notices]
[Pages 40581-40582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20255]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 123X)]
Union Pacific Railroad Company--Abandonment Exemption--in Butler
County, IA
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
[[Page 40582]]
and discontinue service over a 5.95-mile line of railroad on the
Bristow Branch from milepost 288.8 near Clarksville to milepost 294.75
near Allison, in Butler County, IA. The line traverses United States
Postal Service Zip Codes 50619 and 50602.
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 over other lines; (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 August 28,
1998, 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
August 10, 1998. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by August 18, 1998, 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 currently is set at $1000. 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.
UP has filed an environmental report which addresses the effects of
the abandonment and discontinuance, if any, on the environment and
historic resources. The Section of Environmental Analysis (SEA) will
issue an environmental assessment (EA) by August 3, 1998. 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 July
29, 1999, and there are no legal or regulatory barriers to
consummation, the authority to abandon will automatically expire.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: July 23, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-20255 Filed 7-28-98; 8:45 am]
BILLING CODE 4915-00-P
