[Federal Register Volume 64, Number 181 (Monday, September 20, 1999)]
[Notices]
[Pages 50863-50864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24081]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 140)]


Union Pacific Railroad Company--Abandonment--in Lancaster and 
Gage Counties, NE, and Marshall County, KS

    On August 31, 1999, Union Pacific Railroad Company (UP) filed an 
application with the Surface Transportation Board (Board) for 
permission to abandon a 57.72-mile line known as the Beatrice Branch 
extending from milepost 66 near Jamaica, NE, to milepost 125 near 
Marietta, KS, in Lancaster and Gage Counties, NE, and Marshall County, 
KS.1 The information contained in the application is 
bifurcated into two segments--the 29-mile northern segment between 
milepost 66 and milepost 95 north of Beatrice, and the 28.72-mile 
southern segment between mileposts 95 and 125.2 The line 
includes the following stations in Nebraska: Aldo Jct., milepost 69.8; 
Princeton, milepost 74.7; Cortland, milepost 79.5; Pickrell, milepost 
88.9; Beatrice, milepost 96.8; Holmesville, milepost 105.7; Blue 
Springs, milepost 110.3; and Barneston, milepost 118; and

[[Page 50864]]

traverses United States Postal Service ZIP Codes 68404, 68331, 68422, 
68310, 68374, 68318, 68309, and 66518.
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    \1\ The track mileage is 1.28 miles less than the milepost 
differential because a track relocation on the line between Beatrice 
and Holmesville, NE, created a milepost discontinuity. (Milepost 
101.72 now coincides with milepost 103.)
    \2\ UP states that the bifurcated information is based on the 
different origins for the service and the absence of any traffic 
projected for the northern segment. It did not provide bifurcated 
cost data for the base year.
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    In a decision served July 29, 1999, UP was granted a waiver of the 
requirements of 49 CFR 1152.22(c)-(d) to the extent those provisions 
require submission of revenue, cost, and service data relating to 
overhead or bridge traffic on the line.
    The line does not contain federally granted rights-of-way. Any 
documentation in UP's possession will be made available promptly to 
those requesting it. UP's entire case for abandonment was filed with 
the application.
    This line of railroad has been included in UP's system diagram map 
in category 1 since April 1, 1999.
    The interests of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    Any interested person may file with the Board written comments 
concerning the proposed abandonment, or a protest (including the 
protestant's entire opposition case), by October 15, 1999. All 
interested persons should be aware that following any abandonment of 
rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Any request for a public 
use condition under 49 U.S.C. 10905 (49 CFR 1152.28) or for a trail use 
condition under 16 U.S.C. 1247(d) (49 CFR 1152.29) must be filed by 
October 15, 1999. Each trail use request must be accompanied by a $150 
filing fee. See 49 CFR 1002.2(f)(27). UP's reply to any opposition 
statements and its response to trail use requests must be filed by 
November 1, 1999. See 49 CFR 1152.26(a).
    Persons opposing the proposed abandonment who wish to participate 
actively and fully in the process should file a protest. Persons who 
may oppose the abandonment but who do not wish to participate fully in 
the process by appearing at any oral hearings or by submitting verified 
statements of witnesses containing detailed evidence should file 
comments. Persons interested only in seeking public use or trail use 
conditions should also file comments.
    In addition, a commenting party or protestant may provide:
    (i) An offer of financial assistance (OFA) for continued rail 
service under 49 U.S.C. 10904 (due 120 days after the application is 
filed or 10 days after the application is granted by the Board, 
whichever occurs sooner);
    (ii) Recommended provisions for protection of the interests of 
employees;
    (iii) A request for a public use condition under 49 U.S.C. 10905; 
and
    (iv) A statement pertaining to prospective use of the right-of-way 
for interim trail use and rail banking under 16 U.S.C. 1247(d) and 49 
CFR 1152.29.
    All filings in response to this notice must refer to STB Docket No. 
AB-33 (Sub-No. 140) and must be sent to: (1) Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423-0001; and (2) Joseph D. Anthofer, 1416 Dodge 
Street, Omaha, NE 68179. The original and 10 copies of all comments or 
protests shall be filed with the Board with a certificate of service. 
Except as otherwise set forth in part 1152, every document filed with 
the Board must be served on all parties to the abandonment proceeding. 
49 CFR 1104.12(a).
    The line sought to be abandoned will be available for subsidy or 
sale for continued rail use if the Board decides to permit the 
abandonment in accordance with applicable laws and regulations (49 
U.S.C. 10904 and 49 CFR 1152.27). Each OFA must be accompanied by a 
$1,000 filing fee. See 49 CFR 1002.2(f)(25). No subsidy arrangement 
approved under 49 U.S.C. 10904 shall remain in effect for more than 1 
year unless otherwise agreed by the parties (49 U.S.C. 10904(f)(4)(B)). 
UP will promptly provide upon request to each interested party an 
estimate of the subsidy and minimum purchase price required to keep the 
line in operation. UP's representative to whom inquiries may be made 
concerning sale or subsidy terms is set forth above.
    Persons seeking further information concerning the abandonment 
procedures may contact the Board's Office of Congressional and Public 
Services at (202) 565-1592 or refer to the full abandonment regulations 
at 49 CFR part 1152. Questions concerning environmental issues may be 
directed to the Board's Section of Environmental Analysis (SEA) at 
(202) 565-1545. [TDD for the hearing impaired is available at (202) 
565-1695.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary), prepared by SEA, will be served upon all parties 
of record and upon any agencies or other persons who commented during 
its preparation. Other interested persons may contact SEA to obtain a 
copy of the EA (or EIS). EAs in abandonment proceedings normally will 
be made available within 33 days of the filing of the application. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service date. The comments received will be addressed in 
the Board's decision. A supplemental EA or EIS may be issued where 
appropriate.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

    Decided: September 9, 1999.
Vernon A. Williams,
Secretary.
[FR Doc. 99-24081 Filed 9-17-99; 8:45 am]
BILLING CODE 4915-00-P