82 FR 50729 - Union Pacific Railroad Company-Abandonment and Discontinuance of Service Exemption-in Cerro Gordo County, Iowa

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 210 (November 1, 2017)

Page Range		50729-50729
FR Document		2017-23765
Federal Register, Volume 82 Issue 210 (Wednesday, November 1, 2017)
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Page 50729]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23765]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 33 (Sub-No. 327X)]


Union Pacific Railroad Company--Abandonment and Discontinuance of 
Service Exemption--in Cerro Gordo County, Iowa

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments and 
Discontinuance of Service for UP to: (1) Abandon a 2.0-mile portion of 
UP's Rockwell Industrial Lead in Mason City, Iowa, between milepost 
155.5 near Elm Street and milepost 157.5 near 19th Street; and (2) 
discontinue service over a 0.5-mile portion of UP's Rockwell Industrial 
Lead near Swifts, Iowa, between milepost 157.5 and milepost 158.0, near 
Swifts, Iowa (the Line).\1\ The Line is entirely within Cerro Gordo 
County, Iowa, and traverses United States Postal Service Zip Code 
50401.
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    \1\ In the verified notice, UP states that after the proposed 
abandonment, UP will continue to provide rail service from the 
remaining portion of the Rockwell Industrial Lead, as well as the 
Mason City and Albert Lea Subdivisions of the Spine Line, which lie 
within one mile of the Line.
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    UP has certified that: (1) No local or overhead traffic has moved 
over the Line for at least two years; (2) there is no need to reroute 
any traffic 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(c) (environmental report), 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 
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, this exemption will 
become effective on December 1, 2017, 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 interim trail use/rail banking requests under 49 
CFR 1152.29 must be filed by November 9, 2017. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by November 21, 2017, with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001.
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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 
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\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,800. See Regulations Governing Fees for Servs. 
Performed in Connection with Licensing & Related Servs.--2017 
Update, EP 542 (Sub-No. 25), slip op. App. C at 20 (STB served July 
28, 2017).
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    A copy of any petition filed with the Board should be sent to UP's 
representative: Jeremy M. Berman, General Attorney, 1400 Douglas 
Street, Stop 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 effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by November 6, 2017. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling OEA at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information 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 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), 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 
November 1, 2018, 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 Web site at 
``WWW.STB.GOV.''

    Decided: October 26, 2017.
    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2017-23765 Filed 10-31-17; 8:45 am]
BILLING CODE 4915-01-P
Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices 50729

the competitive balance with carriers Street; and (2) discontinue service over banking requests under 49 CFR 1152.29
outside the corporate family. a 0.5-mile portion of UP’s Rockwell must be filed by November 9, 2017.
Under 49 U.S.C. 10502(g), the Board Industrial Lead near Swifts, Iowa, Petitions to reopen or requests for
may not use its exemption authority to between milepost 157.5 and milepost public use conditions under 49 CFR
relieve a rail carrier of its statutory 158.0, near Swifts, Iowa (the Line).1 The 1152.28 must be filed by November 21,
obligation to protect the interests of its Line is entirely within Cerro Gordo 2017, with the Surface Transportation
employees. Section 11326(c), however, County, Iowa, and traverses United Board, 395 E Street SW., Washington,
does not provide for labor protection for States Postal Service Zip Code 50401. DC 20423–0001.
transactions under Sections 11324 and UP has certified that: (1) No local or
11325 that involve only Class III rail overhead traffic has moved over the A copy of any petition filed with the
carriers. The exemption here was filed Line for at least two years; (2) there is Board should be sent to UP’s
by ORP and ORPS. Only Class III no need to reroute any traffic over other representative: Jeremy M. Berman,
carriers are involved. Accordingly, labor lines; (3) no formal complaint filed by General Attorney, 1400 Douglas Street,
protective conditions will not be a user of rail service on the Line (or by Stop 1580, Omaha, NE 68179.
imposed. a state or local government entity acting If the verified notice contains false or
If the verified notice contains false or on behalf of such user) regarding misleading information, the exemption
misleading information, the exemption cessation of service over the Line either is void ab initio.
is void ab initio. Petitions to revoke the is pending with the Surface
Transportation Board (Board) or with UP has filed a combined
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of any U.S. District Court or has been environmental and historic report that
a petition to revoke will not decided in favor of complainant within addresses the effects, if any, of the
automatically stay the exemption. the two-year period; and (4) the abandonment on the environment and
Petitions for stay must be filed no later requirements at 49 CFR 1105.7(c) historic resources. OEA will issue an
than November 8, 2017 (at least seven (environmental report), 49 CFR 1105.11 environmental assessment (EA) by
days before the exemption becomes (transmittal letter), 49 CFR 1105.12 November 6, 2017. Interested persons
effective). (newspaper publication), and 49 CFR may obtain a copy of the EA by writing
An original and 10 copies of all 1152.50(d)(1) (notice to governmental to OEA (Room 1100, Surface
pleadings, referring to Docket No. FD agencies) have been met. Transportation Board, Washington, DC
36152, must be filed with the Surface As a condition to this exemption, any 20423–0001) or by calling OEA at (202)
Transportation Board, 395 E Street SW., employee adversely affected by the 245–0305. Assistance for the hearing
Washington, DC 20423–0001. In abandonment shall be protected under impaired is available through the
addition, one copy of each pleading Oregon Short Line Railroad—
Federal Information Relay Service at
must be served on Terrence M. Hynes, Abandonment Portion Goshen Branch
(800) 877–8339. Comments on
Sidley Austin LLP, 1501 K Street NW., Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C. environmental and historic preservation
Washington, DC 20005. matters must be filed within 15 days
According to the Parties, this action is 91 (1979). To address whether this
condition adequately protects affected after the EA becomes available to the
categorically excluded from public.
environmental review under 49 CFR employees, a petition for partial
1105.6(c). revocation under 49 U.S.C. 10502(d) Environmental, historic preservation,
Board decisions and notices are must be filed. public use, or interim trail use/rail
Provided no formal expression of banking conditions will be imposed,
available on our Web site at
intent to file an offer of financial where appropriate, in a subsequent
WWW.STB.GOV.
assistance (OFA) has been received, this decision.
Decided: October 27, 2017. exemption will become effective on
By the Board, Scott M. Zimmerman, Acting December 1, 2017, unless stayed Pursuant to the provisions of 49 CFR
Director, Office of Proceedings. pending reconsideration. Petitions to 1152.29(e)(2), UP shall file a notice of
Brendetta S. Jones, stay that do not involve environmental consummation with the Board to signify
Clearance Clerk. issues,2 formal expressions of intent to that it has exercised the authority
[FR Doc. 2017–23766 Filed 10–31–17; 8:45 am] file an OFA under 49 CFR granted and fully abandoned the Line. If
BILLING CODE 4915–01–P 1152.27(c)(2),3 and interim trail use/rail consummation has not been effected by
UP’s filing of a notice of consummation
1 In the verified notice, UP states that after the
by November 1, 2018, and there are no
SURFACE TRANSPORTATION BOARD proposed abandonment, UP will continue to legal or regulatory barriers to
provide rail service from the remaining portion of
[Docket No. AB 33 (Sub-No. 327X)] the Rockwell Industrial Lead, as well as the Mason consummation, the authority to
City and Albert Lea Subdivisions of the Spine Line, abandon will automatically expire.
which lie within one mile of the Line.
Union Pacific Railroad Company— 2 The Board will grant a stay if an informed Board decisions and notices are
Abandonment and Discontinuance of decision on environmental issues (whether raised available on our Web site at
Service Exemption—in Cerro Gordo by a party or by the Board’s Office of Environmental ‘‘WWW.STB.GOV.’’
County, Iowa Analysis (OEA) in its independent investigation)
cannot be made before the exemption’s effective Decided: October 26, 2017.
Union Pacific Railroad Company (UP) date. See Exemption of Out-of-Serv. Rail Lines, 5 By the Board, Scott M. Zimmerman, Acting
has filed a verified notice of exemption I.C.C.2d 377 (1989). Any request for a stay should Director, Office of Proceedings.
sradovich on DSK3GMQ082PROD with NOTICES

be filed as soon as possible so that the Board may
under 49 CFR pt. 1152 subpart F— take appropriate action before the exemption’s Brendetta S. Jones,
Exempt Abandonments and effective date. Clearance Clerk.
Discontinuance of Service for UP to: (1) 3 Each OFA must be accompanied by the filing
[FR Doc. 2017–23765 Filed 10–31–17; 8:45 am]
Abandon a 2.0-mile portion of UP’s fee, which is currently set at $1,800. See
Regulations Governing Fees for Servs. Performed in BILLING CODE 4915–01–P
Rockwell Industrial Lead in Mason City, Connection with Licensing & Related Servs.—2017
Iowa, between milepost 155.5 near Elm Update, EP 542 (Sub-No. 25), slip op. App. C at 20
Street and milepost 157.5 near 19th (STB served July 28, 2017).

VerDate Sep<11>2014 18:16 Oct 31, 2017 Jkt 244001 PO 00000 Frm 00122 Fmt 4703 Sfmt 9990 E:\FR\FM\01NON1.SGM 01NON1
Document Created: 2017-11-01 02:03:00
Document Modified: 2017-11-01 02:03:00
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 50729