[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Pages 29503-29504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11854]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 414 (Sub-No. 8X)]
Iowa Interstate Railroad, Ltd.--Abandonment Exemption--in Polk,
Jasper, and Marion Counties, Iowa
On May 2, 2014, Iowa Interstate Railroad, Ltd. (IAIS) filed with
the Surface Transportation Board (Board) a petition under 49 U.S.C
10502 for exemption from the prior approval requirements of 49 U.S.C
10903 to abandon approximately 10.75 miles of rail line between
milepost 145.75 south of Mitchellville to the current end of the track
at milepost 135.0 southeast of Prairie City, in Polk and Jasper
Counties, Iowa (the Prairie City segment).
In the same petition, IAIS seeks exemption from the prior approval
requirements of 49 U.S.C. 10903 to abandon the following two contiguous
line segments: (1) Between milepost 135.0 near Prairie City and
milepost 123.50 near Otley, a distance of approximately 11.5 miles in
Jasper and Marion Counties, Iowa (the Otley segment); and (2) between
milepost 123.50 near Otley and milepost 114.80 in Pella, a distance of
approximately 8.7 miles in Marion County, Iowa (the Pella segment).\1\
Also, IAIS requests that the Pella and Otley segments be exempted from
the offer of financial assistance (OFA) provisions of 49 U.S.C. 10904
and the public use provisions at 49 U.S.C.10905. These requests will be
addressed in the final Board decision.
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\1\ The Prairie City, Pella, and Otley segments together are
referred to as the Line. IAIS previously obtained Board
authorizations to abandon the Pella and Otley segments in 1998 and
2000, respectively. See Iowa Interstate R.R.--Aban. Exemption--in
Marion Cnty., Iowa, AB 414 (Sub-No. 2X) (STB served Aug., 11, 1998);
Iowa Interstate R.R.--Aban. Exemption--in Marion & Jasper Cntys.,
Iowa, AB 414 (Sub-No. 3X) (STB served Oct. 20, 2000). However, as
stated by IAIS, the abandonments were never consummated.
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IAIS asserts that no rail shipments have been handled over the
Prairie City segment since January of 2008 and that the last rail
movements on the Otley and Pella segments occurred nearly 15 years
ago.\2\ IAIS indicates that it salvaged the Pella segment in 1999-2000
and has since ``disposed of much of the right-of-way'' of that segment,
and that the portion of the Pella segment between mileposts 117.68 and
114.80 ``was subject to a sale agreement.'' As for the Otley segment,
IAIS states that a Notice of Interim Trail Use or Abandonment (NITU)
was issued and IAIS ultimately transferred approximately 5.6 miles of
the right-of-way, between milepost 135.0 and milepost 129.4, to Jasper
County ``in a transaction plainly intended to be subject to the Trails
Act.'' According to IAIS, the remainder of the Otley segment ``has been
disposed of piecemeal outside of the Trails Act,'' and salvage of the
track and track materials from the Otley segment was completed by early
2002.
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\2\ IAIS asserts that, ordinarily, abandonment of the Line would
qualify for the two-year out-of-service class exemption at 49 CFR
1152.50, but it is acting via petition for exemption in light of its
request for exemption from the OFA and public use provisions for the
Pella and Otley segments.
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The Line traverses United States Postal Service Zip Codes 50169,
50228, 50170, 50214, and 50219.
IAIS states that, based on information in its possession, the Line
does not contain federally granted rights-of-way. Any documentation in
IAIS's possession will be made available promptly to those requesting
it.
The interest of railroad employees will be protected by the
conditions set forth in Oregon Short Line Railroad--Abandonment Portion
Goshen Branch Between Firth & Ammon, In Bingham & Bonneville Counties,
Idaho, 360 I.C.C. 91 (1979).
By issuance of this notice, the Board is instituting an exemption
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be
issued by August 20, 2014.
Any OFA under 49 CFR 1152.27(b)(2) will be due by August 29, 2014,
or 10 days after service of a decision granting the petition for
exemption, whichever occurs sooner. Each OFA must be accompanied by a
$1,600 filing fee. See 49 CFR 1002.2(f)(25).
All interested persons should be aware that, following abandonment
of rail service and salvage of the Line, the Line may be suitable for
other public use, including interim trail use. Any request for a public
use condition under 49 CFR 1152.28 or for interim trail use/rail
banking under 49 CFR 1152.29 will be due no later than June 11, 2014.
Each trail use request must be accompanied by a $250 filing fee. See 49
CFR 1002.2(f)(27).
All filings in response to this notice must refer to Docket No. AB
414 (Sub-No. 8X) and must be sent to: (1) Surface Transportation Board,
395 E Street SW., Washington, DC 20423-0001; and (2) Thomas J.
Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920,
Chicago, IL 60606. Replies to the petition are due on or before June
11, 2014.
Persons seeking further information concerning abandonment
procedures may contact the Board's Office of Public Assistance,
Governmental Affairs and Compliance at (202) 245-0238 or refer
[[Page 29504]]
to the full abandonment regulations at 49 CFR part 1152. Questions
concerning environmental issues may be directed to the Board's Office
of Environmental Analysis (OEA) at (202) 245-0305. [Assistance for the
hearing impaired is available through the Federal Information Relay
Service (FIRS) at 1-800-877-8339.]
An environmental assessment (EA) (or environmental impact statement
(EIS), if necessary) prepared by OEA will be served upon all parties of
record and upon any agencies or other persons who commented during its
preparation. Other interested persons may contact OEA to obtain a copy
of the EA (or EIS). EAs in abandonment proceedings normally will be
made available within 60 days of the filing of the petition. The
deadline for submission of comments on the EA generally will be within
30 days of its service.
Board decisions and notices are available on our Web site at
www.stb.dot.gov.
Decided: May 19, 2014.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-11854 Filed 5-21-14; 8:45 am]
BILLING CODE 4915-01-P