[Federal Register Volume 63, Number 195 (Thursday, October 8, 1998)]
[Notices]
[Pages 54186-54187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26776]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 126X)]


Union Pacific Railroad Company--Abandonment Exemption--in 
Jefferson County, WI

    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 2.0-mile line of railroad on the Clyman 
Branch from the end of the line at milepost 110.0 to milepost 112.0 
near Fort Atkinson, in Jefferson County, WI. The line traverses United 
States Postal Service ZIP Code 53538.1
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    \1\ UP previously received abandonment authority for the 2.0-
mile line segment in Union Pacific Railroad Company--Abandonment 
Exemption--in Jefferson County, WI, STB Docket No. AB-33 (Sub-No. 
111X), (STB served June 26, 1997). The June 26 notice stated that 
``If consummation has not been effected by UP's filing of a notice 
of consummation by June 26, 1998, and there are no legal or 
regulatory barriers to consummation, the authority to abandon will 
automatically expire.'' Also, by decision served July 24, 1997, the 
abandonment was made subject to environmental conditions that UP 
shall: (a) consult with the National Geodetic Survey (NGS) and 
provide NGS with 90 days' notice prior to disturbing or destroying 
the three geodetic markers identified by NGS that might be affected 
by the abandonment; and (b) comply with the State of Wisconsin 
Abandoned Railroad Line Salvage and Clean-up Procedures and consult 
with the Wisconsin Department of Transportation concerning permits 
for salvage operations at state highway-railroad at-grade crossings. 
Because UP did not consummate the abandonment prior to June 26, 
1998, the authority to abandon expired. Hence, UP has filed this new 
notice of exemption to cover the same 2-mile line.
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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

[[Page 54187]]

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 November 
7, 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 October 
19, 1998. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by October 28, 1998, 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: 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, if any, on the environment and historic resources. The 
Section of Environmental Analysis (SEA) will issue an environmental 
assessment (EA) by October 13, 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 October 
8, 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: October 1, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-26776 Filed 10-7-98; 8:45 am]
BILLING CODE 4915-00-P