[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Notices]
[Pages 1975-1976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-487]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 33 (Sub-No. 299X)]


Union Pacific Railroad Company--Discontinuance of Service 
Exemption--in Pittsburg, Hughes, and Seminole Counties, OK

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F-Exempt Abandonments and 
Discontinuances of Service to discontinue service over a portion of a 
line of railroad known as the Shawnee Branch Line, between milepost 
428.00, near Seminole, and milepost 370.5, near McAlester, a distance 
of 57.69 miles,\1\ in Pittsburg, Hughes, and Seminole Counties, Okla. 
(the line). The line traverses United States Postal Service Zip Codes 
74501, 74570, 74531, 74848, 74884, and 74868.
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    \1\ UP notes a milepost equation of 402.78 = 402.59 in Hughes 
County, which makes the line 0.19 miles longer than the terminal 
mileposts would otherwise indicate.
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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 on the line; and 
(3) no formal

[[Page 1976]]

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. UP has 
further certified that the requirements at 49 CFR 1105.12 (newspaper 
publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) 
have been met.\2\
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    \2\ Because this is a discontinuance proceeding and not an 
abandonment, the proceeding is exempt from the requirements of 49 
CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic 
reports), and 49 CFR 1105.11 (transmittal letter).
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    As a condition to this exemption, any employee adversely affected 
by the discontinuance 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) to subsidize continued rail service has been 
received, this exemption will become effective on February 11, 2012, 
unless stayed pending reconsideration. Petitions to stay that do not 
involve environmental issues and formal expressions of intent to file 
an OFA to subsidize continued rail service under 49 CFR 
1152.27(c)(2)\3\ must be filed by January 23, 2012.\4\ Petitions to 
reopen must be filed by February 1, 2012, with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate.
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    A copy of any petition filed with the Board should be sent to UP's 
representative: Mack H. Shumate, Jr., Senior General Attorney, 101 
North Wacker Drive, Room 1920, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: January 9, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S White,
Clearance Clerk.
[FR Doc. 2012-487 Filed 1-11-12; 8:45 am]
BILLING CODE 4915-01-P