[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Notices]
[Page 22758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8518]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 251X) and STB Docket No. AB-383 (Sub-No. 
4X)] and Union Pacific Railroad Company--Abandonment Exemption--in Dane 
County, WI; AB-383 (Sub-No. 4X)]


Wisconsin & Southern Railroad Company--Discontinuance of Service 
Exemption--in Dane County, WI

    Union Pacific Railroad Company (UP) and Wisconsin & Southern 
Railroad Company (WSOR) have jointly filed a notice of exemption under 
49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of 
Service for UP to abandon and WSOR to discontinue service over a 4.4-
mile line of railroad, known as the Central Soya Line, Harvard 
Subdivision, between milepost 85.5 in the City of Madison and milepost 
89.9 in the City of Fitchburg, in Dane County, WI. The line traverses 
United States Postal Service Zip Codes 53711, 53717, and 53719.
    UP and WSOR have certified that: (1) No local traffic has moved 
over the line for at least 2 years prior to the date of the filing of 
the notice and any overhead traffic on the line can be rerouted over 
other lines; (2) 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 these exemptions, any employee adversely affected 
by the abandonment or discontinuance 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, these exemptions will be 
effective on June 1, 2005, 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 May 12, 2005. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by May 23, 2005, 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 offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1,200. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicants' representatives: Mack H. Shumate, Attorney for Union 
Pacific Railroad Company, 101 N. Wacker Drive, Suite 1920, Chicago, IL 
60606; and John D. Heffner, John D Heffner, PLLC, Attorney for 
Wisconsin & Southern Railroad Company, Suite 800, 1920 N Street NW., 
Washington, DC 20036
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    UP and WSOR have filed an environmental report which addresses the 
effects, if any, of the abandonment and discontinuance on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by May 6, 2005. 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) 565-1539. [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 May 2, 
2006, 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: April 21, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-8518 Filed 4-29-05; 8:45 am]
BILLING CODE 4915-01-P