|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN POLK COUNTY, IA|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON .20 MILES OF A LINE RAILROAD ON THE ANKENY INDUSTRIAL LEAD IN POLK COUNTY, IA.|
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|Full Text of Decision|
40572 SERVICE DATE – FEBRUARY 18, 2010
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 279X)]
Union Pacific Railroad Company—Abandonment Exemption—in Polk County, IA Union Pacific Railroad Company (UP) has filed a verified notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon .20 miles of a line of railroad on the Ankeny Industrial Lead from milepost 10.50 in Ankeny to milepost 10.70 in Ankeny, in Polk County, IA. The line traverses United States Postal Service Zip Code 50021.
UP has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line to be rerouted; (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 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
a condition to this exemption, any employee adversely affected by the
abandonment shall be protected under Oregon Short Line R. Co.—Abandonment—
no formal expression of intent to file an offer of financial assistance (OFA)
has been received, this exemption will be effective on March 20, 2010, unless
stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,
formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),
and trail use/rail banking requests under 49 CFR 1152.29 must be filed by March
1, 2010. Petitions to reopen or requests
for public use conditions under 49 CFR 1152.28 must be
filed by March 10, 2010,
with the Surface Transportation Board, 395 E Street, S.W.,
copy of any petition filed with the Board should be sent to UP’s
representative: Mack H. Shumate, Jr.,
Senior General Attorney,
If the verified notice contains false or misleading information, the exemption is void ab initio.
has filed a combined environmental
and historic report which addresses the effects, if any, of the abandonment on
the environment and historic resources. SEA will issue an environmental assessment
(EA) by February 23, 2010. Interested
persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface
Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP 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 UP’s filing of a notice of consummation by February 18, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire.
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: February 12, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Service 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.
 Each OFA must be accompanied by the filing fee, which currently is set at $1,500. See 49 CFR 1002.2(f)(25).
 UP notes that the property proposed for abandonment is not suitable for public purposes.