[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Notices]
[Pages 30561-30562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14867]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 117X)]


Union Pacific Railroad Company--Abandonment Exemption--in Lake 
County, CO

    Union Pacific Railroad Company (UP) has filed a notice of exemption 
under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon an 
approximately 1.8-mile portion of the Leadville Branch from milepost 
274.3 near McWethy Drive to the end of the line at milepost 276.1 at 
the rail yard near U.S. Highway 24, in Leadville, Lake County, CO.\1\ 
The line traverses United States Postal Service Zip Code 80461.
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    \1\ This notice of exemption is related to Finance Docket No. 
32760, Union Pacific Corporation, Union Pacific Railroad Company, 
and Missouri Pacific Railroad Company-- Control and Merger--Southern 
Pacific Rail Corporation, Southern Pacific Transportation Company, 
St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver 
and Rio Grande Western Railroad Company.
    The Denver and Rio Grande Western Railroad Company (DGRW) 
previously owned the involved line of railroad, which became a line 
on the UP after DRGW was merged into UP on June 30, 1997. However, 
the Board granted discontinuance authority rather than full 
abandonment over the Sage-Leadville Line in Docket No. AB-8 (Sub-No. 
36X), The Denver and Rio Grande Western Railroad Company--
Discontinuance Exemption--Sage-Leadville Line In Eagle and Lake 
Counties, CO and Docket No. AB-8 (Sub-No. 39), The Denver and Rio 
Grande Western Railroad Company-- Discontinuance--Malta-Canon City 
Line, In Lake, Chaffee and Fremont Counties, CO, See Finance Docket 
No. 32760 (ICC served Aug. 12, 1996). In this filing, UP is seeking 
to abandon the stub end of the line.
    The Lake County Board of County Commissioners (Lake County) 
filed a request for issuance of a notice of interim trail use (NITU) 
for the entire line pursuant to section 8(d) of the National Trails 
System Act, 16 U.S.C. 1247(d). The Board will address Lake County's 
trail use request, and any others that may be filed, in a subsequent 
decision.
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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 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 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 July 4, 
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 June 15, 1998. Petitions 
to reopen or requests for public use conditions under 49 CFR 1152.28 
must be filed by June 24, 1998, with: Surface Transportation Board, 
Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
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 is currently 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 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by June 9, 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 June 4, 
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: May 28, 1998.


[[Page 30562]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-14867 Filed 6-3-98; 8:45 am]
BILLING CODE 4915-00-P