[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Page 70221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24590]


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

SURFACE TRANSPORTATION BOARD

[Docket No. AB 43 (Sub-No. 191X); Docket No. AB 33 (Sub-No. 337X)]


Illinois Central Railroad Company--Abandonment Exemption--in 
Jefferson County, Ill.; Union Pacific Railroad Company--Abandonment 
Exemption--in Jefferson County, Ill.

    Illinois Central Railroad Company (IC) and Union Pacific Railroad 
Company (UP) (collectively, the Railroads) jointly filed a verified 
notice of exemption under 49 CFR part 1152, subpart F--Exempt 
Abandonments to abandon approximately 100 feet of jointly owned 
railroad line extending from milepost 10.53 to milepost 10.55 at the 
railroad bridge overpass (the Bridge) of State Route 148 (County Road 
600E), south of the Village of Waltonville in Jefferson County, Ill. 
(the Line). The Line traverses U.S. Postal Service Zip Codes 62894 and 
62833.\1\
---------------------------------------------------------------------------

    \1\ The Railroads state that, after abandonment, they plan to 
salvage the Line, and the Bridge will be removed to permit the 
Illinois Department of Transportation to undertake a road 
improvement project on State Route 148.
---------------------------------------------------------------------------

    The Railroads have certified that: (1) No local traffic has moved 
over the Line for at least two years; (2) any overhead traffic could be 
rerouted over other lines; (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 
with any U.S. District Court or has been decided in favor of 
complainant within the two-year period; and (4) the requirements at 49 
CFR 1105.7 and 1105.8 (notice of environmental and historic report), 49 
CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice 
to governmental agencies) have been met.
    Any employee of the Railroads 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) has been received,\2\ the exemptions will be 
effective on December 4, 2020, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues \3\ must be 
filed by November 13, 2020. Formal expressions of intent to file an OFA 
under 49 CFR 1152.27(c)(2) and interim trail use/rail banking requests 
under 49 CFR 1152.29 must be filed by November 16, 2020.\4\ Petitions 
to reopen or requests for public use conditions under 49 CFR 1152.28 
must be filed by November 24, 2020.
---------------------------------------------------------------------------

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

    A copy of any petition filed with the Board should be sent to IC's 
representative, Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606-3208; and UP's 
representative, Jeremy M. Berman, Union Pacific Railroad Company, 1400 
Douglas Street, Stop 1580, Omaha, NE 68179.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    The Railroads have filed a combined environmental and historic 
report that addresses the potential effects, if any, of the abandonment 
on the environment and historic resources. OEA will issue a Draft 
Environmental Assessment (Draft EA) by November 9, 2020. The Draft 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 Draft EA becomes 
available to the public.
    Environmental, historic preservation, public use, or interim 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), the Railroads 
shall file a notice of consummation with the Board to signify that they 
have exercised the authority granted and fully abandoned the Line. If 
consummation has not been effected by the Railroads' filing of a notice 
of consummation by November 4, 2021, 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: October 29, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2020-24590 Filed 11-3-20; 8:45 am]
BILLING CODE 4915-01-P