82 FR 138 pg. 33538 - Union Pacific Railroad Company—Discontinuance Exemption—in Grundy County, IL
Type: NOTICEVolume: 82Number: 138Page: 33538
Page: 33538Docket number: [Docket No. AB 33 (Sub-No. 333X)]
FR document: [FR Doc. 2017-15115 Filed 7-19-17; 8:45 am]
Agency: Surface Transportation Board
Official PDF Version: PDF Version
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 33 (Sub-No. 333X)]
Union Pacific Railroad Company-Discontinuance Exemption-in Grundy County, IL
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 2.85-mile portion of the Pequot Subdivision from milepost 56.85, along BNSF's Transcon Line, to Reed Road at milepost 59.70 (the Line). The Line traverses United States Postal Service Zip Codes 60416 and 60407.
UP has certified that: (1) No local or overhead traffic has moved over the Line for at least two years; (2) there is no need to reroute any traffic 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 is pending either with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 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 discontinuance of service 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 be effective on August 19, 2017, 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)?1 must be filed by July 28, 2017.2 Petitions for reconsideration must be filed by August 9, 2017, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001.
Footnotes:
1 ?Each OFA must be accompanied by the filing fee, which is currently set at $1,700. See 49 CFR 1002.2(f)(25).
2 ?Because this is a discontinuance proceeding and not an abandonment, interim trail use/rail banking and public use conditions are not appropriate. Because there will be an environmental review during abandonment, this discontinuance does not require an environmental review.
A copy of any petition filed with the Board should be sent to Mack H. Shumate, Jr., 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.
Board decisions and notices are available on our Web site at WWW.STB.GOV .
Decided: July 14, 2017.
By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings.
Rena Laws-Byrum,
Clearance Clerk.
[FR Doc. 2017-15115 Filed 7-19-17; 8:45 am]
BILLING CODE 4915-01-P