[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Notices]
[Pages 52970-52971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26282]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 170)]


Union Pacific Railroad Company--Abandonment--in Polk County, IA

    On September 28, 2001, Union Pacific Railroad Company (UP) filed 
with the Surface Transportation Board (Board) an application for 
permission to abandon a line of railroad known as the Bell Avenue 
Industrial Lead extending from milepost 221.1 near SE 18th Street to 
milepost 217.38 near SW 30th Street, a distance of 3.72 miles, in Des 
Moines, Polk County, IA. The line includes the Des Moines Station and 
traverses United States Postal Service zip codes 50309, 50314, 50315, 
50316, 50317, and 50321. No agency exists at the Des Moines Station.
    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. The applicant's entire case for abandonment (case-
in-chief) was filed with the application.
    This line of railroad has appeared on UP's system diagram map in 
category 1 since February 14, 2001.
    The interest 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 protests (including the 
protestant's entire opposition case), by November 13, 2001. 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) and any request 
for a trail use condition under 16 U.S.C. 1247(d) (49 CFR 1152.29) must 
be filed by November 13, 2001. Each trail use request must be 
accompanied by a $150 filing fee. See 49 CFR 1002.2(f)(27). Applicant's 
reply to any opposition statements and its response to trail use 
requests must be filed by November 27, 2001. See 49 CFR 1152.26(a).
    Persons opposing the abandonment who wish to participate actively 
and fully in the process should file a protest. Persons who oppose the 
abandonment but who do not wish to participate fully in the process by 
submitting verified statements of witnesses containing detailed 
evidence should file comments. Persons seeking information concerning 
the filing of protests should refer to 49 CFR 1152.25. 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. 170) 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) Mack H. Shumate, Jr., Senior General 
Attorney, 101 North Wacker Drive, #1920, Chicago, IL 60606. 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 mutually agreed by the parties (49 U.S.C. 
10904(f)(4)(B)). Applicant will promptly

[[Page 52971]]

provide upon request to each interested party an estimate of the 
subsidy and minimum purchase price required to keep the line in 
operation. The carrier's representative to whom inquiries may be made 
concerning sale or subsidy terms is set forth above.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment or discontinuance regulations 
at 49 CFR part 1152. Questions concerning environmental issues may be 
directed to the Board's Section of Environmental Analysis (SEA) at 
(202) 565-1552. [TDD for the hearing impaired is available at 1-800-
877-8339.]
    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 these 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. 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.

    Decided: October 12, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-26282 Filed 10-17-01; 8:45 am]
BILLING CODE 4915-00-P