[Federal Register Volume 68, Number 150 (Tuesday, August 5, 2003)]
[Notices]
[Page 46264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19779]



[[Page 46264]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 206X)]


Union Pacific Railroad Company--Abandonment Exemption--in Polk 
and Story Counties, IA

    Union Pacific Railroad Company (UP) has filed a notice of exemption 
under 49 CFR Part 1152 Subpart F-Exempt Abandonments to abandon a 14.0-
mile line of railroad, known as the Ankeny Subdivision, extending from 
milepost 10.7 near Ankeny to milepost 341.1 (Equation: 23.20 = 339.60) 
near Slater, in Polk and Story Counties, IA. The line traverses United 
States Postal Service Zip Codes 50015, 50021, 50244.
    UP has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) there is no overhead traffic on the line; (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 
4, 2003, unless stayed pending reconsideration. Petitions to stay that 
do not involve environmental issues,\1\ formal expressions of intent to 
file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by August 15, 2003. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by August 25, 2003, with: Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001.
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    \1\ 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 (SEA) 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.
    \2\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to UP's 
representative: Mack H. Shumate, Jr., Senior General Attorney, Union 
Pacific Railroad Company, 101 North Wacker Drive, Room 1920, Chicago, 
IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    UP has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by August 8, 
2003. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 500, Surface Transportation Board, Washington, DC 20423-0001) or 
by calling SEA, at (202) 565-1539. [Assistance for the hearing impaired 
is available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.] 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 
5, 2004, 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 Web site at http://www.stb.dot.gov.

    Decided: July 29, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-19779 Filed 8-4-03; 8:45 am]
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