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Union Pacific Railroad Company--Abandonment Exemption--in Shawnee County, KS

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 [Federal Register: July 26, 2001 (Volume 66, Number 144)]
[Notices]
[Page 39082-39083]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy01-104]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 180X)]
 
Union Pacific Railroad Company--Abandonment Exemption--in Shawnee 
County, KS

    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 a 1.07-mile line of railroad 
over the Topeka Industrial Lead from milepost 406.53 to milepost 407.60 
in Topeka, Shawnee County, KS. The line traverses United States Postal 
Service Zip Codes 66607 and 66612.
    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. 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 August 25, 2001, 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 must be filed by 
August 6, 2001. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 15, 2001, with: 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, NW., 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 (SEA) 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\ 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: Mack H. Shumate, Jr., Senior General 
Attorney, Union Pacific Railroad Company, 101 North Wacker Drive, Room 
1920, Chicago, IL 60606.
    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. SEA will issue an environmental assessment (EA) by 
July 31, 2001. 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 July 
26, 2002, 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.''

[[Page 39083]]

    Decided: July 12, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-18117 Filed 7-25-01; 8:45 am]
BILLING CODE 4915-00-P

 
 

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