[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57143-57144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23203]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. AB 33 (Sub-No. 342X)]


Union Pacific Railroad Company and Jackson County, Mo.--
Abandonment Exemption--in Jackson County, Mo.

    On October 4, 2019, Union Pacific Railroad Company (UP) and Jackson 
County, Mo. (the County) (collectively, Petitioners), jointly filed 
with the Board a petition under 49 U.S.C. 10502 for exemption from the 
prior approval requirements of 49 U.S.C. 10903 to abandon the railroad 
line extending between milepost 288.3 and milepost 270.6 in Jackson 
County, Mo. (the Line). The Line traverses U.S. Postal Service Zip 
Codes 64063, 64081, 64082, 64086, 64129, 64133, 64138, and 64139.
    According to Petitioners, based on information in their possession, 
the Line does not contain federally granted rights-of-way. Petitioners 
further state that any documentation in the County's or UP's possession 
will be made available promptly to those requesting it.
    In 2016, the County received authority through the Board's class 
exemption process at 49 CFR 1150.31 to acquire from UP and operate the 
Line. Recently, however, the Board revoked the County's acquisition and 
operation exemption. See Jackson Cty., Mo.--Acquis. & Operation 
Exemption--Union Pac. R.R., FD 35982 (STB served July 31, 2019). 
Petitioners state that, in light of that decision, to avoid doubt on 
how to proceed, they jointly seek an exemption to abandon the Line. 
Petitioners state that there are no shippers on the Line and that there 
has not been any rail traffic on the Line in more than 20 years.
    The County and UP indicate that they intend to enter into an 
interim trail use/rail banking agreement pursuant to the National 
Trails System Act, 16 U.S.C. 1247(d). If a NITU \1\ is issued, the 
County anticipates salvaging track and track materials.
---------------------------------------------------------------------------

    \1\ Although the County and UP indicate that the County will 
seek issuance of a certificate of interim trail use or abandonment 
(CITU) (Pet. 8), the Board issues CITUs in abandonment application 
proceedings and notices of interim trail use or abandonment (NITUs) 
in abandonment exemption proceedings.
---------------------------------------------------------------------------

    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

[[Page 57144]]

decision will be issued by January 22, 2020.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
will be due no later than 120 days after the filing of the petition for 
exemption, or 10 days after service of a decision granting the petition 
for exemption, whichever occurs sooner. Persons interested in 
submitting an OFA must first file a formal expression of intent to file 
an offer by November 4, 2019, indicating the type of financial 
assistance they wish to provide (i.e., subsidy or purchase) and 
demonstrating that they are preliminary financially responsible. See 49 
CFR 1152.27(c)(1)(i).
    Following authorization for abandonment, 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 interim trail use/rail 
banking under 49 CFR 1152.29 will be due no later than November 13, 
2019.\2\
---------------------------------------------------------------------------

    \2\ Filing fees for OFAs and trail use requests can be found at 
49 CFR 1002.2(f)(25) and (27), respectively.
---------------------------------------------------------------------------

    All pleadings, referring to Docket No. AB 33 (Sub-No. 342X), must 
be filed with the Surface Transportation Board either via e-filing or 
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on UP's 
representative, Jeremy M. Berman, Union Pacific Railroad Company, 1400 
Douglas St., Stop 1580, Omaha, NE 68179, and the County's 
representative, Carolyn G. Kraska, Hogan Lovells US LLP, 555 13th St. 
NW, Washington, DC 20004. Replies to the petition are due on or before 
November 13, 2019.
    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 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 Relay Service at 
(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 comment during its 
preparation. Other interested persons may contact OEA to obtain a copy 
of the EA (or EIS). EAs in 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 generally will be within 
30 days of its service.
    Board decisions and notices are available at www.stb.gov.

    Decided: October 18, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2019-23203 Filed 10-23-19; 8:45 am]
 BILLING CODE 4915-01-P