20090204STB Acknowledgment of Petition for Exemption.pdf

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(Federal Register: February 3, 2009 (Volume 74, Number 21))(Notices)
(Page 5969-5970)
From the Federal Register Online via GPO Access (wais.access.gpo.govl
(OOCID, fr03fe09-71)
DEPARTMEN OF TRSPORTATION up~-f( -DE3~0(
Surface Transportation Board
(STB Docket No. AB-33 (Sub-No. 272X))
Union Pacific Rilroad comny- -Abndonment Exemption-. in
Kotenai coty. 1D
On January 14, 2009, Union pacific Railroad Company (UP) filed with
the Surface Transportation Board a petition under 49 U.S.C. 10502 for
exemption from the provisions of 49 U.S.C. 10903 to abandon a portion
of its Coeur d i Alene Industrial Lead between milepost 7.5 near Gibbs,
and the end of the line at milepost a. 79 near Coeur d'Alene, a distance
of 1.29 miles in Kootenai County, 10.\1\ The line traverses U.S. Postal
service zip Code 83814, and includes no stations.
\1\ According to UP, BNSF Railway Company (BNSF) holds trackage
rights authori ty over the involved line. See The Burlington Northern
and Santa Fe Railway Company--Trackage Rights Exemption--tJion
pacific Railroad Company, STB Finance Docket No. 34436 (STB served
Dec. 2, 2003). UP states that, in a subsequent filing, BNSF will
seek Board authority to discontinue the trackage rights. UP adds
that the Board should condition UP's exercise of the abandonment
exemption sought here upon BNSFIS obtaining authority to discontinue
its trackage rights on the line.
The line does not contain Federally granted rights-of-way. Any
documentation in UP's possession will be made available promtly to
those requesting it.
The interest of raiiroad employees will be protected by the
conditions set forth in Oregon Short Line R. Co. --bandonment--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. 10S02(b). A final decision will be
issued by May 4, 2009.
Any offer of financial assistance (OFA) under 49 CFR 1152.27 (b) (2)
will be due no later than 10 days after
((Page 5970))
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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).
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 wiiibe due no later than Februry 23, 2009. Each trail
use request must be accompanied by a $200 filing fee. See 49 CPR1002.2(f) (27).
All filings in response to this notice must refer to STB Docket No.
AB-33 (Sub-No. 272X), and must be sent to: (1) Surface Transportation
Board, 395 B Street, SW., washington, DC 20423-0001; and (2) Gariel S.
Meyer, 1400 Douglas St., STOP 1580, Omaha, NE 6817!L Replies.to UP's
petition are due on or before Februry 23, 2009.
Persons seeking further. information concerning abandonment
procedures may contact the Board IS Office of Pulic Afsistance,
Governmental.Affairs, and Compliance at [phone] or refer to the
full abandonment or discontinuance regulations at 49 CPR part 1152.
Questions concerning environmental issues may be directed to the
Board's Section of Environmental Anlysis (SEA) at [phone].
(Assistance for the hearing impaired is available through the Federal
information Relay service (FIRS) at 1~800~877-8339.iAn environmental assessment (EA) (or environmentai 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 BIS). BA 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 will generally be within
30 days of its service.
Board decisions and notices are available on our Web site at, . o(A HREF="http://frwebgate. access .gpo.gov/cgi-bin/leaving.cgi '?from=leavingFR.html&log=linklog&to=http://ww. stb. dot. gov"';http: Ilww.5tb.dot.gov
Decided: January 23, 2009.
By the Board, David M. Konschnik, Director, Office ofProceedings.
Jeffrey Herzig,Clearance Clerk.
(FR Doc. E9-2105 Filed 1-30-09; 8,45 am)
BILLING CODE 4915-01-P
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