Union Pacific Railroad Co.Abandonment and Discontinuance of Trackage Rights Exemptionin Wright, Franklin and Cerro Gordo Counties, IA

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 143X)]

Union Pacific Railroad Co.--Abandonment and Discontinuance of

Trackage Rights Exemption--in Wright, Franklin and Cerro Gordo

Counties, IA

Union Pacific Railroad Company (UP) has filed a notice of exemption

under 49 CFR part 1152 Subpart F--Exempt Abandonments and

Discontinuances of Service and Trackage Rights to abandon a 12.38-mile

line of railroad over the Thornton Industrial Lead (formerly known as

the Fort Dodge Branch) from milepost 17.14 near Thornton to milepost

29.52 near Belmond, in Wright, Franklin and Cerro Gordo Counties,

IA.1 The line traverses United States Postal Service Zip

Codes 50421, 50449, 50457, and 50479.

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\1\ Pursuant to 49 CFR 1150.50(d)(2), the railroad must file a

verified notice with the Board at least 50 days before the

abandonment or discontinuance is to be consummated. The applicant in

its verified notice, indicated a proposed consummation date of

February 7, 2000. Because the verified notice was officially filed

upon payment of the required filing fee on December 23, 1999,

consummation may not take place prior to February 11, 2000.

Applicant's representative has been contacted and has confirmed that

consummation may occur no earlier than February 11, 2000.

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UP has certified that: (1) no local traffic has moved over the line

for at least 2 years; (2) there is no overhead traffic moving over the

line; (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 2-year

period; and (4) the requirements at 49 CFR 1105.7 (environmental

reports), 49 CFR 1105.8 (historic reports), 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 this exemption, any employee adversely affected

by the abandonment and discontinuance shall be protected under Oregon

Short Line R. Co.--Abandonment--Goshen, 360 I.C.C.

[[Page 1948]]

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, this

exemption will be effective on February 11, 2000, 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),3 and trail use/rail banking requests

under 49 CFR 1152.29 must be filed by January 24, 2000. Petitions to

reopen or requests for public use conditions under 49 CFR 1152.28 must

be filed by February 1, 2000, with: Surface Transportation Board,

Office of the Secretary, Case Control Unit, 1925 K Street, NW,

Washington, DC 20423.

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\2\ The Board will grant a stay if an informed decision on

environmental issues (whether raised by a party or by the Board's

Section of Environmental Analysis in its independent investigation)

cannot be made before the exemption's effective date. See Exemption

of Out-of-Service 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\ Each offer of financial assistance must be accompanied by

the filing fee, which currently is set at $1000. See 49 CFR

1002.2(f)(25).

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A copy of any petition filed with the Board should be sent to

applicant's representative: James P. Gatlin, General Attorney, Union

Pacific Railroad Company, 1416 Dodge Street, Room 830, Omaha, NE 68179.

If the verified notice contains false or misleading information,

the exemption is void ab initio.

UP has filed an environmental report which addresses the effects,

if any, of the abandonment and discontinuance on the environment and

historic resources. The Section of Environmental Analysis (SEA) will

issue an environmental assessment (EA) by January 14, 2000. Interested

persons may obtain a copy of the EA by writing to SEA (Room 500,

Surface Transportation Board, Washington, DC 20423) or by calling SEA,

at (202) 565-1545. 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 its line. If consummation has

not been effected by UP's filing of a notice of consummation by January

12, 2001, 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 website at

``WWW.STB.DOT.GOV.''

Decided: January 5, 2000.

By the Board, David M. Konschnik, Director, Office of

Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00-604 Filed 1-11-00; 8:45 am]

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