[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Pages 70534-70535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29131]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 33 (Sub-No. 277X); Docket No. AB 318 (Sub-No. 7X)]


Union Pacific Railroad Company--Abandonment Exemption--in 
Lafourche Parish, LA; Louisiana & Delta Railroad, Inc.--Discontinuance 
of Service Exemption--in Lafourche Parish, LA

    Union Pacific Railroad Company (UP) and Louisiana & Delta Railroad, 
Inc. (LDRR) (collectively, applicants) jointly have filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service for UP to abandon and LDRR 
to discontinue service over a portion of a line of railroad known as 
the Lockport Branch, extending between milepost 1.7 near Raceland and 
milepost 14.2 near Jay, a distance of 12.5 miles, in Lafourche Parish, 
La.\1\ The line traverses United States Postal Service Zip Codes 70374 
and 70394.
---------------------------------------------------------------------------

    \1\ Applicants originally filed their notice of exemption on 
September 29, 2011. However, in a decision served on October 19, 
2011, these proceedings were held in abeyance until October 25, 
2011. Accordingly, October 25, 2011, will be considered the filing 
date for purposes of determining relevant deadlines.
---------------------------------------------------------------------------

    Applicants have certified that: (1) No local traffic has moved over 
the line for at least 2 years; (2) no overhead traffic has moved over 
the line for at least 2 years; and (3) no formal complaint filed by a 
user of rail service on the line (or state or local agency 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. Applicants have further certified that the 
requirements at 49 CFR 1105.7(c) (environmental report), 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 Railroad--Abandonment Portion Goshen Branch Between Firth & 
Ammon, in Bingham & Bonneville Counties, Idaho, 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 December 14, 2011, unless stayed pending 
reconsideration.\2\ Petitions to stay that do not involve environmental 
issues,\3\ formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\4\ and trail use/rail banking requests under 49 CFR 
1152.29 must be filed by November 25, 2011. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by December 5, 2011,\5\ with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \2\ Applicants originally had indicated a proposed consummation 
date of November 18, 2011. However, because the proceedings were 
held in abeyance, the earliest these transactions may be consummated 
is December 14, 2011. See 49 CFR 1152.50(d)(2).
    \3\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemptions' effective date. 
See Exemption of Out-of-Serv. 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 exemptions' effective 
date.
    \4\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
    \5\ Applicants state that they do not believe that the right-of-
way is suitable for other public purposes, given the availability of 
other infrastructure in the area. They note that the line contains 
reversionary property interests which could affect the transfer of 
title or use of the property for other than railroad purposes.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicants' representatives: Mack H. Shumate, Jr., Senior General 
Attorney, Union Pacific Railroad Company, 101 North Wacker Drive, 
1920, Chicago, IL 60606, and Eric M. Hocky, Thorp Reed & 
Armstrong, LLP, One Commerce Square, 2005 Market Street, Suite 1000, 
Philadelphia, PA 19103.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Applicants have filed a combined environmental and historic report 
that addresses the effects, if any, of the abandonment and 
discontinuance on the environment and historic resources. OEA will 
issue an environmental assessment (EA) by November 18, 2011. Interested 
persons may obtain a copy of the EA by writing to OEA (Room 1100, 
Surface Transportation Board, 395 E Street SW., Washington, DC 20423-
0001) or by calling OEA at (202) 245-0305. Assistance for the hearing 
impaired is available through the Federal Information Relay Service 
(FIRS) at 1-(800) 877-8339. Comments

[[Page 70535]]

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 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 November 
14, 2012, 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: November 4, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-29131 Filed 11-10-11; 8:45 am]
BILLING CODE 4915-01-P