[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Notices]
[Page 64425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26899]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 33 (Sub-No. 300X); Docket No. AB-414 (Sub-No. 6X)]


Union Pacific Railroad Company--Abandonment Exemption--in 
Pottawattamie County, IA; Iowa Interstate Railroad, Ltd.--
Discontinuance of Service Exemption--in Pottawattamie County, IA

    On October 3, 2011, Union Pacific Railroad Company (UP) and Iowa 
Interstate Railroad, Ltd. (IAIS) (collectively, petitioners) jointly 
filed with the Surface Transportation Board a petition under 49 U.S.C. 
10502 for exemption from the provisions of 49 U.S.C. 10903 to permit: 
(1) UP to abandon and IAIS to discontinue service over UP's railroad 
line known as the Chicago and Great Western Industrial Lead, between 
milepost 503.6 and milepost 504.05, a distance of approximately 0.45 
miles, in Council Bluffs, Pottawattamie County, Iowa (the UP line); (2) 
UP to abandon and IAIS to discontinue service over UP's connecting 
track from UP milepost 503.85 on the UP line to the end point at IAIS 
milepost 486.8, a distance of 400 feet (the UP connecting track); (3) 
IAIS to discontinue its trackage rights over the UP line and the UP 
connecting track (the IAIS trackage rights); and (4) UP to discontinue 
its overhead trackage rights over that portion of IAIS's mainline from 
IAIS milepost 486.8 to IAIS milepost 488.0, a distance of 1.2 miles 
(the UP overhead trackage rights). The UP line and UP connecting track 
traverse United States Postal Service Zip Code 51503 and include no 
stations; the IAIS line traverses United States Postal Service Zip 
Codes 51501 and 51503 and also includes no stations.
    In addition to an exemption from the prior approval requirements of 
49 U.S.C. 10903, petitioners seek an exemption from 49 U.S.C. 10904 
(offer of financial assistance procedures) and 10905 (public use 
provisions). In support, petitioners state that, following abandonment 
of the UP line and UP connecting track (collectively, the UP lines) and 
discontinuance of IAIS's trackage rights and UP's overhead trackage 
rights, UP will sell the UP lines to a shipper, Red Giant Oil Company 
(Red Giant), subject to a permanent access easement over the UP lines 
for another shipper, Midwest Walnut Company of Iowa (Midwest Walnut). 
Red Giant and Midwest Walnut are the only shippers on the UP lines. 
Petitioners state that, as a consequence of the sale, Red Giant and 
Midwest Walnut will have permanent, direct access to IAIS, the common 
carrier railroad that currently serves them; Red Giant and Midwest 
Walnut will own, control, and use their respective interests in the UP 
lines as a typical shipper owned industrial lead; and IAIS will serve 
both Red Giant and Midwest Walnut pursuant to railroad industry track 
agreements each has entered into with IAIS. These requests will be 
addressed in the final decision.
    Petitioners state that the lines do not contain Federally granted 
rights-of-way. Any documentation in petitioners' possession will be 
made available promptly to those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, In Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by January 20, 2012.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
will be due no later than 10 days after service of a decision granting 
the petition for exemption. Each OFA must be accompanied by a $1,500 
filing fee. See 49 CFR 1002.2(f)(25).
    All interested persons should be aware that, following 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 CFR 1152.28 or for trail use/rail banking under 
49 CFR 1152.29 will be due no later than November 10, 2011. Each trail 
use request must be accompanied by a $250 filing fee. See 49 CFR 
1002.2(f)(27).
    All filings in response to this notice must refer to Docket Nos. AB 
33 (Sub-No. 300X) and AB 414 (Sub-No. 6X), and must be sent to: (1) 
Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-
0001; (2) for UP--Mack H. Shumate, Jr., Senior General Attorney, 101 N. 
Wacker Drive, Room 1920, Chicago, IL 60606; and (3) for IAIS--Lanny M. 
Van Daele, Corporate Counsel, 5900 6th SW., Cedar Rapids, IA 52404. 
Replies to the joint petition are due on or before November 10, 2011.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 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 Office of Environmental Analysis (OEA) at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by OEA 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 OEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: October 13, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-26899 Filed 10-17-11; 8:45 am]
BILLING CODE 4915-01-P