[Federal Register Volume 63, Number 157 (Friday, August 14, 1998)]
[Notices]
[Page 43751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21754]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 124X)]


Union Pacific Railroad Company--Abandonment Exemption--in 
Sedgwick County, KS

    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 and 
discontinue service over a 0.56-mile line of railroad on the Midland 
Valley Industrial Lead extending from the end of the line at milepost 
312.09 to milepost 312.65 in Wichita, Sedgwick County, KS. The line 
traverses United States Postal Service Zip Code 67213.1
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    \1\ By petition for exemption filed July 9, 1998, UP is seeking 
an exemption from the requirements of 49 U.S.C. 10904 (offers of 
financial assistance) (OFAs) and 49 U.S.C. 10905 (public use 
conditions). The City of Wichita, KS, supports UP's petition. The 
merits of the petition will be addressed in a subsequent Board 
decision.
    The line will be conveyed to the City of Wichita, KS (City), 
pursuant to a Memorandum of Understanding between UP and the City, 
which was approved in Union Pacific Corporation, Union Pacific 
Railroad Company, and Missouri Pacific Railroad Company--Control and 
Merger--Southern Pacific Rail Corporation, Southern Pacific 
Transportation Company, St. Louis Southwestern Railway Company, 
SPCSL Corp., and The Denver and Rio Grande Western Railroad Company, 
Finance Docket No. 32760 (STB served July 8, 1998).
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    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 September 
13, 1998, 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 August 
24, 1998. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by September 3, 1998, with: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, N.W., 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: 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 19, 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 August 
14, 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: August 6, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-21754 Filed 8-13-98; 8:45 am]
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