Federal Register, Volume 65 Issue 8 (Wednesday, January 12, 2000)

[Federal Register Volume 65, Number 8 (Wednesday, January 12, 2000)]
[Notices]
[Pages 1947-1948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-604]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 143X)]


Union Pacific Railroad Co.--Abandonment and Discontinuance of 
Trackage Rights Exemption--in Wright, Franklin and Cerro Gordo 
Counties, IA

    Union Pacific Railroad Company (UP) has filed a notice of exemption 
under 49 CFR part 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Service and Trackage Rights to abandon a 12.38-mile 
line of railroad over the Thornton Industrial Lead (formerly known as 
the Fort Dodge Branch) from milepost 17.14 near Thornton to milepost 
29.52 near Belmond, in Wright, Franklin and Cerro Gordo Counties, 
IA.¹ The line traverses United States Postal Service Zip 
Codes 50421, 50449, 50457, and 50479.
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    \1\ Pursuant to 49 CFR 1150.50(d)(2), the railroad must file a 
verified notice with the Board at least 50 days before the 
abandonment or discontinuance is to be consummated. The applicant in 
its verified notice, indicated a proposed consummation date of 
February 7, 2000. Because the verified notice was officially filed 
upon payment of the required filing fee on December 23, 1999, 
consummation may not take place prior to February 11, 2000. 
Applicant's representative has been contacted and has confirmed that 
consummation may occur no earlier than February 11, 2000.
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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 moving over 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 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 and discontinuance shall be protected under Oregon 
Short Line R. Co.--Abandonment--Goshen, 360 I.C.C.

[[Page 1948]]

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 February 11, 2000, 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 must be filed by January 24, 2000. Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by February 1, 2000, with: Surface Transportation Board, 
Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
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\ 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: James P. Gatlin, 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, 
if any, of the abandonment and discontinuance on the environment and 
historic resources. The Section of Environmental Analysis (SEA) will 
issue an environmental assessment (EA) by January 14, 2000. 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 its line. If consummation has 
not been effected by UP's filing of a notice of consummation by January 
12, 2001, 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: January 5, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-604 Filed 1-11-00; 8:45 am]
BILLING CODE 4915-00-P