[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Notices]
[Pages 9634-9635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3662]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 33 (Sub-No. 297X)]
Union Pacific Railroad Company--Abandonment Exemption--in
Lafayette County, MO
Union Pacific Railroad Company (UP) filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon 2.91 miles of a line of railroad known as the Lexington
Industrial Lead extending from milepost 246.49 near Myrick to milepost
243.58 near Lexington, in Lafayette County, Mo. The line traverses
United States Postal Service Zip Code 64067.
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
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
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requirements at 49 CFR 1105.7(c) (environmental report), 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--
Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 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 March 22, 2011, 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
February 28, 2011. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by March 10, 2011,\3\
with the Surface Transportation Board, 395 E Street, SW., Washington,
DC 20423-0001.
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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
Office of Environmental Analysis (OEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Serv. 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 OFA must be accompanied by the filing fee, which is
currently set at $1,500. See 49 CFR 1002.2(f)(25).
\3\ UP states that the right-of-way proposed for abandonment is
mainly reversionary property. UP does not believe that the property
is suitable for public purposes, including roads or highways, other
forms of mass transportation, conservation, energy production or
transmission, as this area is adequately served by existing roads
and utility lines at the present time. UP notes that the real
property which makes up the right-of-way may be well suited for
conservation uses.
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A copy of any petition filed with the Board should be sent to UP's
representative: Mack H. Shumate, Jr., Senior General Attorney, Union
Pacific Railroad Company, 101 North Wacker Drive, Room 1920, Chicago,
IL 60606.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
UP has filed a combined environmental and historic report that
addresses the effects, if any, of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by February 25, 2011. Interested persons may obtain a copy of the EA by
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC
20423-0001) or by calling OEA, at (202) 245-0305. Assistance for the
hearing impaired is available through the Federal Information Relay
Service (FIRS) at 1-800-877-8339. 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
February 18, 2012, 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 Web site at http://www.stb.dot.gov.
Decided: February 14, 2011.
By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-3662 Filed 2-17-11; 8:45 am]
BILLING CODE 4915-01-P