Union Pacific Railroad CompanyAbandonment Exemptionin Jefferson County, WI

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 126X)]

Union Pacific Railroad Company--Abandonment Exemption--in

Jefferson County, WI

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 and

discontinue service over a 2.0-mile line of railroad on the Clyman

Branch from the end of the line at milepost 110.0 to milepost 112.0

near Fort Atkinson, in Jefferson County, WI. The line traverses United

States Postal Service ZIP Code 53538.1

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\1\ UP previously received abandonment authority for the 2.0-

mile line segment in Union Pacific Railroad Company--Abandonment

Exemption--in Jefferson County, WI, STB Docket No. AB-33 (Sub-No.

111X), (STB served June 26, 1997). The June 26 notice stated that

``If consummation has not been effected by UP's filing of a notice

of consummation by June 26, 1998, and there are no legal or

regulatory barriers to consummation, the authority to abandon will

automatically expire.'' Also, by decision served July 24, 1997, the

abandonment was made subject to environmental conditions that UP

shall: (a) consult with the National Geodetic Survey (NGS) and

provide NGS with 90 days' notice prior to disturbing or destroying

the three geodetic markers identified by NGS that might be affected

by the abandonment; and (b) comply with the State of Wisconsin

Abandoned Railroad Line Salvage and Clean-up Procedures and consult

with the Wisconsin Department of Transportation concerning permits

for salvage operations at state highway-railroad at-grade crossings.

Because UP did not consummate the abandonment prior to June 26,

1998, the authority to abandon expired. Hence, UP has filed this new

notice of exemption to cover the same 2-mile line.

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

for at least 2 years; (2) any overhead traffic on the line can 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 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

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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 November

7, 1998, 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 October

19, 1998. Petitions to reopen or requests for public use conditions

under 49 CFR 1152.28 must be filed by October 28, 1998, 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: 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 effects of

the abandonment, if any, on the environment and historic resources. The

Section of Environmental Analysis (SEA) will issue an environmental

assessment (EA) by October 13, 1998. 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 the line. If consummation has

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

8, 1999, 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: October 1, 1998.

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

Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98-26776 Filed 10-7-98; 8:45 am]

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