[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Notices]
[Pages 14720-14721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05107]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1252 (Sub-No. 1X)]
Eastern Idaho Railroad, L.L.C.--Abandonment Exemption--in
Bonneville County, Idaho
Eastern Idaho Railroad, L.L.C. (EIRR), has filed a verified notice
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon an approximately 0.76-mile portion of a railroad line known
generally as the Old Butte Main Line, extending between milepost 184.14
(immediately southeast of the grade crossing with Yellowstone Highway)
and milepost 184.90 (north of the grade crossing with W Broadway
Street), in Idaho Falls, Bonneville County, Idaho (the Line). The line
traverses U.S. Postal Service Zip Code 83402.
EIRR has certified that: (1) No local traffic has moved over the
Line for at least two years; (2) any overhead traffic can be rerouted
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
either is pending 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 1105.7
and 1105.8 (environmental and historic report), 49 CFR 1105.12
(newspaper publication), and 49 CFR 1152.50(d)(1) (notice to
governmental agencies) have been met.
Any employee of EIRR adversely affected by the abandonment 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) has been received,\1\ the exemption will be
effective on April 12, 2020, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\2\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), and
interim trail use/rail banking requests under 49 CFR 1152.29 must be
filed by March 23, 2020.\3\ Petitions to reopen or requests for public
use conditions under 49 CFR 1152.28 must be filed by April 2, 2020,
with the Surface Transportation Board, 395 E Street SW, Washington, DC
20423-0001.
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\1\ Persons interested in submitting an OFA must first file a
formal expression of intent to file an offer, indicating the type of
financial assistance they wish to provide (i.e., subsidy or
purchase) and demonstrating that they are preliminarily financially
responsible. See 49 CFR 1152.27(c)(2)(i).
\2\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Office of Environmental Analysis (OEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any
request for a stay should be filed as soon as possible so that the
Board may take appropriate action before the exemption's effective
date.
\3\ 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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A copy of any petition filed with the Board should be sent to
EIRR's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 N
Wacker Drive, Suite 800, Chicago, IL 60606-2832.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
EIRR has filed a combined environmental and historic report that
addresses the potential effects, if any, of the abandonment on the
environment and historic resources. OEA will issue a Draft
Environmental Assessment (EA) by March 20, 2020. The Draft EA will be
available to interested persons on the Board's website, by writing to
OEA, or by calling OEA at (202) 245-0305. Assistance for the hearing
impaired is available through the Federal Relay Service at (800) 877-
8339. Comments on environmental and historic preservation matters must
be filed within 15 days after the Draft EA becomes available to the
public.
Environmental, historic preservation, public use, or interim trail
use/rail banking conditions will be imposed,
[[Page 14721]]
where appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), EIRR shall file
a notice of consummation with the Board to signify that it has
exercised the authority granted and fully abandoned the Line. If
consummation has not been effected by EIRR's filing of a notice of
consummation by March 13, 2021, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available at www.stb.gov.
Decided: March 9, 2020.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2020-05107 Filed 3-12-20; 8:45 am]
BILLING CODE 4915-01-P