[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Page 11809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5940]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 261)]


Union Pacific Railroad Company--Abandonment--in New Madrid, 
Scott, and Stoddard Counties, MO

    On February 27, 2009, Union Pacific Railroad Company (UP) filed 
with the Board an application for permission to abandon its Essex to 
Miner Line, extending from milepost 196.7, near Essex, to milepost 
216.27, near Miner, a distance of 19.57 miles, in New Madrid, Scott, 
and Stoddard Counties, MO (the line).\1\ The line includes the stations 
of Hunterville (milepost 198.7), Morehouse (milepost 205.4), Sikeston 
(milepost 211.4), and Miner (milepost 214.5), and traverses United 
States Postal Service ZIP Codes 63846, 63801, and 63868.
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    \1\ In addition to the 19.57 miles of branch line, the line 
includes approximately 4.4 miles of sidings and industrial track.
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    The line does not contain Federally granted rights-of-way. Any 
documentation in UP's possession will be made available promptly to 
those requesting it. UP's entire case for abandonment was filed with 
the application.
    This line of railroad has appeared on UP's system diagram map or 
has been included in its narrative in category 1 since January 16, 
2008.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    Any interested person may file with the Surface Transportation 
Board written comments concerning the proposed abandonment or protests 
(including the protestant's entire opposition case), by April 13, 2009. 
All interested persons should be aware that, following any abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Any request for a public 
use condition under 49 U.S.C. 10905 (49 CFR 1152.28) and any request 
for a trail use condition under 16 U.S.C. 1247(d) (49 CFR 1152.29) must 
be filed by April 13, 2009. Each trail use request must be accompanied 
by a $200 filing fee. See 49 CFR 1002.2(f)(27). Applicant's reply to 
any opposition statements and its response to trail use requests must 
be filed by April 28, 2009. See 49 CFR 1152.26(a). A final decision 
will be issued by June 17, 2009.
    Persons opposing the proposed abandonment who wish to participate 
actively and fully in the process should file a protest. Persons who 
may oppose the abandonment but who do not wish to participate fully in 
the process by submitting verified statements of witnesses containing 
detailed evidence should file comments. Persons seeking information 
concerning the filing of protests should refer to 49 CFR 1152.25. 
Persons interested only in seeking public use or trail use conditions 
should also file comments.
    In addition, a commenting party or protestant may provide: (i) An 
offer of financial assistance (OFA) for continued rail service, 
pursuant to 49 U.S.C. 10904 (due 120 days after the application is 
filed or 10 days after the application is granted by the Board, 
whichever occurs sooner); (ii) recommended provisions for protection of 
the interests of employees; (iii) a request for a public use condition 
under 49 U.S.C. 10905; and (iv) a statement pertaining to prospective 
use of the right-of-way for interim trail use and rail banking under 16 
U.S.C. 1247(d) and 49 CFR 1152.29.
    Written comments and protests, including all requests for public 
use and trail use conditions, must indicate the proceeding designation 
STB Docket No. AB-33 (Sub-No. 261) and must be sent to: (1) Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001, and 
(2) Gabriel S. Meyer, Assistant General Attorney, 1400 Douglas Street, 
STOP 1580, Omaha, NE 68179. The original and 10 copies of all comments 
or protests shall be filed with the Board with a certificate of 
service. Except as otherwise set forth in 49 CFR 1152, every document 
filed with the Board must be served on all parties to the abandonment 
proceeding. 49 CFR 1104.12(a).
    The line sought to be abandoned will be available for subsidy or 
sale for continued rail use, if the Board decides to permit the 
abandonment, in accordance with applicable laws and regulations (49 
U.S.C. 10904 and 49 CFR 1152.27). Each OFA must be accompanied by a 
$1,500 filing fee. See 49 CFR 1002.2(f)(25). No subsidy arrangement 
approved under 49 U.S.C. 10904 shall remain in effect for more than 1 
year unless otherwise mutually agreed by the parties (49 U.S.C. 
10904(f)(4)(B)). Applicant will promptly provide upon request to each 
interested party an estimate of the subsidy and minimum purchase price 
required to keep the line in operation. UP's representative to whom 
inquiries may be made concerning sale or subsidy terms is set forth 
above.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (866) 254-1792 or refer to the 
full abandonment regulations at 49 CFR 1152. Questions concerning 
environmental issues may be directed to the Board's Section of 
Environmental Analysis (SEA) at (202) 245-0305. [Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service (FIRS) at 1-800-877-9339.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Any other persons who would like to obtain a copy of the 
EA (or EIS) may contact SEA. EAs in this type of abandonment proceeding 
normally will be made available within 33 days of the filing of the 
application. The deadline for submission of comments on the EA will 
generally be within 30 days of its service. The comments received will 
be addressed in the Board's decision. A supplemental EA or EIS may be 
issued where appropriate.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: March 13, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E9-5940 Filed 3-18-09; 8:45 am]
BILLING CODE 4915-01-P