[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Notices]
[Page 53073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21237]



[[Page 53073]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 274X); STB Docket No. AB-414 (Sub-No. 
4X)]


Union Pacific Railroad Company--Abandonment Exemption--in 
Pottawattamie County, IA; Iowa Interstate Railroad, Ltd.--
Discontinuance of Service Exemption--in Pottawattamie County, IA

    On August 25, 2008, Union Pacific Railroad Company (UP) and Iowa 
Interstate Railroad, Ltd. (IAIS) (collectively, petitioners) jointly 
filed with the Surface Transportation Board (Board) an amended petition 
\1\ under 49 U.S.C. 10502 for exemption from the provisions of 49 
U.S.C. 10903 to permit: (1) UP to abandon and discontinue service over 
its line of railroad known as the Great Western Industrial Lead (UP 
line) from milepost 503.6 to milepost 504.05, a distance of 
approximately 0.45 miles, in Pottawattamie County, IA; (2) IAIS to 
discontinue trackage rights over the UP line; (3) UP to discontinue its 
overhead trackage rights over IAIS' line of railroad known as the Main 
Line (IAIS line) from milepost 486.8 to milepost 488.0, a distance of 
approximately 1.2 miles, in Pottawattamie County, IA.\2\ According to 
petitioners, the IAIS line connects to the UP line via a short 
industrial track, which is available to both UP and IAIS. Petitioners 
advise that IAIS will continue to use the UP line to serve Red Giant 
Oil Company (Red Giant) and Midwest Walnut Company, the only shippers 
on the line. Petitioners state that, after abandonment, the UP line 
will become part of Red Giant's private property and an industrial 
track.\3\ The UP line traverses U.S. Postal Service Zip Code 51503 and 
includes no stations. The IAIS line traverses U.S. Postal Service Zip 
Codes 51501 and 51503, and also includes no stations.
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    \1\ Petitioners originally filed their petition for exemption on 
August 19, 2008. On August 25, 2008, petitioners filed an amendment 
to their petition for exemption. Because the amended petition for 
exemption was received on August 25, 2008, that date will be 
considered the official filing date.
    \2\ UP and IAIS filed the trackage rights agreement covering 
IAIS's trackage rights on the UP line in Iowa Interstate Railroad, 
Ltd. and Union Pacific Railroad Company--Joint Relocation Project 
Exemption--in Council Bluffs, Pottawattamie County, IA, STB Finance 
Docket No. 33883 (STB served June 30, 2000).
    \3\ Petitioners state that neither carrier will retain a common 
carrier obligation on the UP line.
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    Petitioners state that the UP line does not contain Federally 
granted rights-of-way. Any documentation in petitioners' possession 
will be made available promptly to those requesting it.
    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).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by December 12, 2008.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
will be due no later than 10 days after service of a decision granting 
the petition for exemption. Each OFA must be accompanied by a $1,500 
filing fee. See 49 CFR 1002.2(f)(25).\4\
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    \4\ Effective July 18, 2008, the filing fee for an OFA increased 
to $1,500. See Regulations Governing Fees for Services Performed in 
Connection with Licensing and Related Services--2008 Update, STB Ex 
Parte No. 542 (Sub-No. 15) (STB served June 18, 2008).
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    All interested persons should be aware that, following 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 CFR 1152.28 or for trail use/rail banking under 
49 CFR 1152.29 will be due no later than October 2, 2008. Each trail 
use request must be accompanied by a $200 filing fee. See 49 CFR 
1002.2(f)(27).
    All filings in response to this notice must refer to STB Docket 
Nos. AB-33 (Sub-No. 274X) and AB-414 (Sub-No. 4X), and must be sent to: 
(1) Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001; (2) for UP--Gabriel S. Meyer, Assistant General Attorney, 
1400 Douglas Street, STOP 1580, Omaha, NE 68179; and (3) for IAIS--
Edward J. Krug, Krug Law Firm, PLC, P.O. Box 888, 6 Hawkeye Drive, 
Suite 103, North Liberty, IA 52317. Replies to petitioners' petition 
are due on or before October 2, 2008.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment or discontinuance regulations at 49 CFR part 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 1-800-877-8339.
    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. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA generally will be within 
30 days of its service.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 5, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-21237 Filed 9-11-08; 8:45 am]
BILLING CODE 4915-01-P