[Federal Register Volume 70, Number 85 (Wednesday, May 4, 2005)]
[Notices]
[Pages 23294-23295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8799]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 219X)]


Union Pacific Railroad Company--Abandonment Exemption--in Douglas 
and Champaign Counties, IL

    Union Pacific Railroad Company (UP) has filed a notice of exemption 
under 49 CFR 1152 Subpart F-Exempt Abandonments to abandon a 9.87-mile 
line of railroad known as the Westville Industrial Lead, extending from 
milepost 164.87 at Villa Grove to the end of the track at milepost 
155.0 near Broadlands, in Douglas and Champaign Counties, IL. The line 
traverses United States Postal Service Zip Codes 61816 and 61956.\1\
---------------------------------------------------------------------------

    \1\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Board at least 50 days before the 
abandonment or discontinuance is to be consummated. The applicant 
initially indicated a proposed consummation date of June 2, 2005, 
but because the verified notice was filed on April 14, 2005, 
consummation may not take place prior to June 3, 2005. By facsimile 
filed on April 21, 2005, applicant's representative confirmed that 
the proposed consummation date will be on or after June 3, 2005.

---------------------------------------------------------------------------

[[Page 23295]]

    UP has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) there is no overhead traffic to be rerouted; 
(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 
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 June 3, 2005, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
May 16, 2005. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by May 24, 2005, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \2\ 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.
    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,200. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to UP's 
representative: Mack H. Shumate, Jr., Senior General Attorney, 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 and historic report which addresses 
the abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by May 9, 
2005. 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 May 4, 
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 26, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-8799 Filed 5-3-05; 8:45 am]
BILLING CODE 4915-01-P