Union Pacific Railroad Company and Jackson County, Mo.-Abandonment Exemption-in Jackson County, Mo.
| Published date | 24 October 2019 |
| Citation | 84 FR 57143 |
| Record Number | 2019-23203 |
| Section | Notices |
| Court | Surface Transportation Board |
Federal Register, Volume 84 Issue 206 (Thursday, October 24, 2019)
[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57143-57144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23203]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 33 (Sub-No. 342X)]
Union Pacific Railroad Company and Jackson County, Mo.--
Abandonment Exemption--in Jackson County, Mo.
On October 4, 2019, Union Pacific Railroad Company (UP) and Jackson
County, Mo. (the County) (collectively, Petitioners), jointly filed
with the Board a petition under 49 U.S.C. 10502 for exemption from the
prior approval requirements of 49 U.S.C. 10903 to abandon the railroad
line extending between milepost 288.3 and milepost 270.6 in Jackson
County, Mo. (the Line). The Line traverses U.S. Postal Service Zip
Codes 64063, 64081, 64082, 64086, 64129, 64133, 64138, and 64139.
According to Petitioners, based on information in their possession,
the Line does not contain federally granted rights-of-way. Petitioners
further state that any documentation in the County's or UP's possession
will be made available promptly to those requesting it.
In 2016, the County received authority through the Board's class
exemption process at 49 CFR 1150.31 to acquire from UP and operate the
Line. Recently, however, the Board revoked the County's acquisition and
operation exemption. See Jackson Cty., Mo.--Acquis. & Operation
Exemption--Union Pac. R.R., FD 35982 (STB served July 31, 2019).
Petitioners state that, in light of that decision, to avoid doubt on
how to proceed, they jointly seek an exemption to abandon the Line.
Petitioners state that there are no shippers on the Line and that there
has not been any rail traffic on the Line in more than 20 years.
The County and UP indicate that they intend to enter into an
interim trail use/rail banking agreement pursuant to the National
Trails System Act, 16 U.S.C. 1247(d). If a NITU \1\ is issued, the
County anticipates salvaging track and track materials.
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\1\ Although the County and UP indicate that the County will
seek issuance of a certificate of interim trail use or abandonment
(CITU) (Pet. 8), the Board issues CITUs in abandonment application
proceedings and notices of interim trail use or abandonment (NITUs)
in abandonment exemption proceedings.
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The interest of railroad employees will be protected by the
conditions set forth in Oregon Short Line Railroad--Abandonment Portion
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties,
Idaho, 360 I.C.C. 91 (1979).
By issuing this notice, the Board is instituting an exemption
proceeding pursuant to 49 U.S.C. 10502(b). A final
[[Page 57144]]
decision will be issued by January 22, 2020.
Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2)
will be due no later than 120 days after the filing of the petition for
exemption, or 10 days after service of a decision granting the petition
for exemption, whichever occurs sooner. Persons interested in
submitting an OFA must first file a formal expression of intent to file
an offer by November 4, 2019, indicating the type of financial
assistance they wish to provide (i.e., subsidy or purchase) and
demonstrating that they are preliminary financially responsible. See 49
CFR 1152.27(c)(1)(i).
Following authorization for abandonment, 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 interim trail use/rail
banking under 49 CFR 1152.29 will be due no later than November 13,
2019.\2\
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\2\ Filing fees for OFAs and trail use requests can be found at
49 CFR 1002.2(f)(25) and (27), respectively.
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All pleadings, referring to Docket No. AB 33 (Sub-No. 342X), must
be filed with the Surface Transportation Board either via e-filing or
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In
addition, a copy of each pleading must be served on UP's
representative, Jeremy M. Berman, Union Pacific Railroad Company, 1400
Douglas St., Stop 1580, Omaha, NE 68179, and the County's
representative, Carolyn G. Kraska, Hogan Lovells US LLP, 555 13th St.
NW, Washington, DC 20004. Replies to the petition are due on or before
November 13, 2019.
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 regulations at 49 CFR part 1152. Questions concerning
environmental issues may be directed to the Board's Office of
Environmental Analysis (OEA) at (202) 245-0305. Assistance for the
hearing impaired is available through the Federal Relay Service at
(800) 877-8339.
An environmental assessment (EA) (or environmental impact statement
(EIS), if necessary) prepared by OEA will be served upon all parties of
record and upon any agencies or other persons who comment during its
preparation. Other interested persons may contact OEA to obtain a copy
of the EA (or EIS). EAs in 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 at www.stb.gov.
Decided: October 18, 2019.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2019-23203 Filed 10-23-19; 8:45 am]
BILLING CODE 4915-01-P
