[Federal Register Volume 68, Number 174 (Tuesday, September 9, 2003)]
[Notices]
[Pages 53216-53217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22773]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket Nos. AB-838 and AB-33 (Sub-No. 199)]


East St. Louis Junction Railroad Company--Adverse Abandonment and 
Union Pacific Railroad Company--Adverse Discontinuance--in St. Clair 
County, IL

    On August 20, 2003, the Illinois Department of Transportation 
(IDOT) filed with the Surface Transportation Board (Board) an 
application under 49 U.S.C. 10903 seeking the adverse abandonment of 
the East St. Louis Junction Railroad Company's (ESLJ) line of railroad 
between milepost 0.0 and milepost 1.16, plus 6.40 miles of switch track 
and .34 miles of spur track, a total of 7.90 miles of track, in the 
National Stock Yards in St. Clair County, IL. IDOT also requests that 
the Board grant an adverse discontinuance of rail service over the 
subject rail property provided by ESLJ's lessee, Union Pacific Railroad 
Company (UP). The line traverses United States Postal Service ZIP Code 
62071, and includes the station of National Stock Yards.
    Appreciable portions of the land underlying the railroad line 
proposed for abandonment and discontinuance of service are required for 
the construction of a relocated Illinois Route 3 and the construction 
of a connection from Interstate Highway I-64 in Illinois to a proposed 
New Mississippi River Bridge and relocated Interstate Highway I-70. 
This abandonment will permit the grade separation of all state highways 
and railroad lines in this area.
    Based on information in IDOT's possession, the line does not 
contain Federally granted rights-of-way. Any documentation in IDOT's 
possession will be made available promptly to those requesting it. The 
applicant's entire case for abandonment and discontinuance was filed 
with the application.\1\
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    \1\ In a decision served in this proceeding on June 30, 2003, 
IDOT was granted exemptions and waivers, respectively, from several 
of the applicable statutory provisions governing rail line 
abandonments, and from several related filing requirements of the 
Board's regulations at 49 CFR 1152.
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    This line of railroad has not appeared on the railroads' system 
diagram map in Category 1.
    The interests of UP's employees will be protected by the conditions 
set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 360 I.C.C. 
91 (1979). Employees of ESLJ, however, will not receive such 
protection, as all

[[Page 53217]]

of the railroad's line is to be abandoned and it is not part of a 
system that will benefit from the abandonment. See Yreka Western 
Railroad Company--Abandonment Exemption--In Siskiyou County, CA, STB 
Docket No. AB-246 (Sub-No. 2X) (STB served May 4, 1999).
    In an application by a third party for a determination that the 
public convenience and necessity permits service over a line to be 
discontinued and the line itself to be abandoned, the issue before the 
Board is whether the public interest requires that the line in question 
be retained as part of the national rail system. By granting a third 
party (or ``adverse'') application, the Board withdraws its primary 
jurisdiction over the line. Questions concerning the disposition of the 
line, including the adjudication of various claims of ownership or 
other rights and obligations, are then left to state or local 
authorities. See Kansas City Pub. Ser. Frgt. Operations Exempt.--Aban., 
7 I.C.C.2d 216, 224-26 (1990).
    Because IDOT intends to convert the property underlying the subject 
rail line to highway purposes, conflicting public use requests are not 
appropriate, and offers of financial assistance to acquire or subsidize 
service on the line will not be entertained in this proceeding.
    Any interested person may file with the Board its protest of, or 
written comments concerning, the proposed abandonment and 
discontinuance of service.\2\ Written comments and protests must 
identify the proceeding, i.e., STB Docket No. AB-No. 838, in the case 
of the abandonment of the ESLJ line, and STB Docket No. AB-33 (Sub-No. 
199), in the case of the discontinuance of service by UP, and must be 
filed by no later than October 6, 2003.
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    \2\ Persons opposing the proposed abandonment or discontinuance 
who wish to participate actively and fully in the process through 
the submission of their entire opposition case in the form of 
verified statements and arguments, should file a protest. Persons 
who may 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.
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    Protests must contain that party's entire case in opposition (case 
in chief) including the following: (1) Protestant's name, address, and 
business; (2) a statement describing protestant's interest in the 
proceeding including: (i) A description of the protestant's use of the 
line; (ii) if protestant does not use the line, information concerning 
the group or public interest it represents; and (iii) if protestant's 
interest is limited to the retention of service over a portion of the 
line, a description of the portion of the line subject to protestant's 
interest (with milepost designations if available); (3) specific 
reasons why protestant opposes the application including information 
regarding protestant's reliance on the involved service (this 
information must be supported by affidavits of persons with personal 
knowledge of the fact(s)); and (4) any rebuttal of material submitted 
by applicant.
    In addition, a commenting party or protestant may provide a 
statement of position and evidence regarding: (i) Environmental impact; 
(ii) impact on rural and community development; or (iii) recommended 
provisions for protection of the interests of employees.
    All filings in response to this notice must refer to STB Docket No. 
AB-838 and STB Docket No. AB-33 (Sub-No. 199), and should be sent to: 
(1) Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001, and (2) Fritz R. Kahn, Esq., 1920 N Street, NW., (8th 
floor), Washington, DC 20036-1601. The original and 10 copies of all 
comments or protests shall be filed with the Board, together 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 and discontinuance proceeding. 49 CFR 1104.12(a).
    Persons seeking information concerning the filing of protests may 
contact the Board's Office of Public Services at (202) 565-1592 or 
refer to the full abandonment and 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) 565-1539. 
[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 abandonment or discontinuance 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 Web site at http://www.stb.dot.gov.

    Decided: September 2, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-22773 Filed 9-8-03; 8:45 am]
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