[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Notices]
[Page 64948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25477]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 33 (Sub-No. 321X)]
Union Pacific Railroad Company--Abandonment Exemption--in
Sheboygan County, Wisconsin
Union Pacific Railroad Company (UP) has filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon rail service over an approximately 1.3-mile portion of the
Sheboygan Old Main Line, from milepost 148.2 to milepost 149.5, in the
City of Sheboygan, Sheboygan County, Wis. (The Line). The Line
traverses U.S. Postal Service Zip Code 53081.
UP has certified that: (1) No local traffic has moved over the Line
for at least two years; (2) no overhead traffic has moved over the Line
for at least two years and, therefore, there is no need to reroute any
traffic; (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 Surface Transportation Board (Board) or any U.S. District
Court or has been decided in favor of a complainant within the two-year
period; and (4) the requirements at 49 CFR 1105.12 (newspaper
publication), 49 CFR 1152.50(d)(1) (notice to governmental agencies),
and 49 CFR 1105.7 and 1105.8 (environmental and historic report), have
been met.
As a condition to this exemption, any employee adversely affected
by the abandonment 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) \1\ has been received, this exemption will
be effective on December 25, 2019, 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), and trail use/rail banking requests under 49 CFR 1152.29
must be filed by December 5, 2019.\3\ Petitions to reopen or requests
for public use conditions under 49 CFR 1152.28 must be filed by
December 16, 2019, with the Surface Transportation Board, 395 E Street
SW, Washington, DC 20423-0001.
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\1\ Persons interested in submitting an OFA must first file a
formal expression of intent to file an offer, indicating the type of
financial assistance they wish to provide (i.e., subsidy or
purchase) and demonstrating that they are preliminarily financially
responsible. See 49 CFR 1152.27(c)(2)(i).
\2\ 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 exemption's 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 exemption's effective
date.
\3\ Filings fees for OFAs and trail use requests can be found at
49 CFR 1002.2(f)(25) and (27), respectively.
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A copy of any petition filed with Board should be sent to UP's
representative, Jeremy Berman, General Attorney, 1400 Douglas St.,
#1580, Omaha, NE 68179.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
UP has filed a combined environmental and historic report that
addresses the potential effects of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by November 29, 2019. The EA will be available to interested persons on
the Board's website, by writing to OEA, or by calling OEA at (202) 245-
0305. Assistance for the hearing impaired is available through the
Federal Relay Service at (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 a notice of consummation by November
25, 2020, and there are no legal or regulatory barriers to
consummation, the authority to abandon will automatically expire.
Board decisions and notices are available at www.stb.gov.
Decided: November 19, 2019.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2019-25477 Filed 11-22-19; 8:45 am]
BILLING CODE 4915-01-P