[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Notices]
[Page 3081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1688]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board1

    \1\ The ICC Termination Act of 1995, Pub. L. 104-88, 109 Stat. 
803 (the Act), was signed into law by President Clinton on December 
29, 1995. The Act, which took effect on January 1, 1996, abolished 
the Interstate Commerce Commission (Commission) and transferred 
certain functions to the Surface Transportation Board (Board). As a 
result, the Board is issuing the instant notice in this proceeding, 
which concerns a function that is subject to the Board's 
jurisdiction pursuant to 49 U.S.C. 10903.
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[STB Dockets No. AB-33 (Sub-No. 95X) and Idaho Northern & Pacific 
Railroad Company]


Union Pacific Railroad Company; Abandonment Exemption Maddens-
Emmett Line in Canyon and Gem Counties, ID; AB-433 (Sub-No. 3X] 
Discontinuance Service Exemption--Maddens-Emmett Line in Canyon and Gem 
Counties, ID

    Union Pacific Railroad Company (UPRR) and Idaho Northern & Pacific 
Railroad Company (INPR) have filed a verified notice under 49 CFR Part 
1152 Subpart F--Exempt Abandonments and Discontinuances for UPRR to 
abandon and INPR to discontinue service over 17.5 miles of rail 
line2 (a portion of the Idaho Northern Branch), between milepost 
7.0 at or near Maddens and milepost 24.5 at or near Emmett, in Canyon 
and Gem Counties, ID.3

    \2\ This was a lease agreement approved by the Commission in 
Finance Docket No. 32370 issued December 7, 1993.
    \3\ Under 49 CFR 1152.50(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 18, 1996. Because the verified notice was not filed until 
January 2, 1996, the earliest date consummation could have occurred 
would have been February 21, 1996. Applicant's representative has 
confirmed that the appropriate proposed consummation date is on or 
after February 21, 1996. As provided in this notice, however, the 
exemption is not scheduled to take effect until February 29, 1996.
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    UPRR and INPR certify 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; (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 complainant's favor within the last 2 years; 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 use of this 
exemption, any employee adversely affected by the abandonment or 
discontinuance 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. 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 29, 1996, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,4 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),5 and trail use/rail banking requests under 49 CFR 
1152.296 must be filed by February 9, 1996. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by February 20, 1996, with: Office of the Secretary, Case Control 
Branch, Surface Transportation Board, 1201 Constitution Avenue, N.W., 
Washington, DC 20423.

    \4\ A stay will be issued routinely by the Board in those 
proceedings where 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 prior to the effective date of this notice of exemption. See 
Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 
entity seeking a stay on environmental concerns is encouraged to 
file its request as soon as possible in order to permit the Board to 
review and act on the request before the effective date of this 
exemption.
    \5\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \6\ The Board will accept a late-filed trail use request as long 
as it retains jurisdiction to do so.
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    A copy of any petition filed with the Board should be sent to 
applicants' representatives: Joseph D. Anthofer, General Attorney, 
Union Pacific Railroad Company, 1416 Dodge St., Room 830, Omaha, NE 
68179; and Gilbert A. Gillette, President, Idaho Northern & Pacific 
Railroad Company, 119 N. Commercial Ave., Emmett, ID 83117.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    UPRR and INPR have filed an environmental report which addresses 
the effects, if any, of the abandonment and the discontinuance on 
environmental and historic resources. The Section of Environmental 
Analysis (SEA) will issue an environmental assessment (EA) by February 
2, 1996. Interested persons may obtain a copy of the EA by writing to 
SEA (Room 3219, Surface Transportation Board, 1201 Constitution Avenue, 
NW., 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.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.

    Decided: January 24, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-1688 Filed 1-29-96; 8:45 am]
BILLING CODE 4915-00-P