Union Pacific Railroad CompanyAbandonment Exemptionin Oconto County, WI

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 104X)]

Union Pacific Railroad Company--Abandonment Exemption--in Oconto

County, WI

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

under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of

Service and Trackage Rights to abandon and discontinue service over an

approximately 8.3-mile line of railroad known as the Oconto Falls

Industrial Lead from milepost 54.4, near Oconto, to the end of the line

at milepost 46.1, near Stiles Junction, in Oconto County, WI.

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 and any overhead traffic could be rerouted; (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 shall be protected under Oregon Short Line R. Co.--

Abandonment--Goshen, 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, this exemption will be

effective on January 10, 1997, unless stayed pending reconsideration.

Petitions to stay that do not involve environmental issues,1

formal expressions of intent to file an OFA under 49 CFR

1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR

1152.29 3 must be filed by December 23, 1996. Petitions to reopen

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

filed by December 31, 1996, with: Office of the Secretary, Case Control

Branch, Surface Transportation Board, 1201 Constitution Avenue, N.W.,

Washington, DC 20423.

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\1\ 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.

\2\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4

I.C.C.2d 164 (1987).

\3\ The Board will accept late-filed trail use requests as long

as the abandonment has not been consummated and the abandoning

railroad is willing to negotiate an agreement.

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

applicant's representative: Joseph D. Anthofer, 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

abandonment's effects, if any, on the environment and historic

resources. The Section of Environmental Analysis (SEA) will issue an

environmental assessment (EA) by December 16, 1996. Interested persons

may obtain a copy of the EA by writing to SEA (Room 3219, Surface

Transportation Board, Washington, DC 20423) or by calling Elaine

Kaiser, Chief of SEA, at (202) 927-6248. 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.

Decided: December 3, 1996.

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

Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96-31477 Filed 12-10-96; 8:45 am]

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