SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_33_325_X

Case Title:  
UNION PACIFIC RAILROAD COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN WAUKESHA COUNTY, WIS.

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER A 1.01-MILE PORTION OF RAIL LINE, KNOWN AS THE WAUKESHA INDUSTRIAL LEAD, FROM MILEPOST 17.15 TO THE END OF THE LINE AT MILEPOST 18.16 IN WAUKESHA COUNTY, WIS.

    Decision Attachments

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    Full Text of Decision

40928

44384 SERVICE DATE – APRIL 8, 2015

DO

FR-4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 33 (Sub-No. 325X)]

Union Pacific Railroad Company—Discontinuance of Service Exemption—in Waukesha County, Wis.

Union Pacific Railroad Company (UP) has filed a verified notice of exemption under 49 C.F.R. pt. 1152 subpart F–Exempt Abandonments and Discontinuances of Service to discontinue service over a l.0l-mile portion of rail line, known as the Waukesha Industrial Lead, from milepost 17.15 to the end of the line at milepost 18.16 in Waukesha County, Wis. (the Line). The Line traverses United States Postal Service Zip Codes 53186 and 53146.

UP has certified that: (1) no local traffic has moved over the Line for at least two years; (2) there is no overhead traffic on the Line; (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 C.F.R.  1105.12 (newspaper publication) and 49 C.F.R.  1152.50(d)(1) (notice to governmental agencies) have been met.

As a condition to this exemption, any employee adversely affected by the discontinuance 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 become effective on May 8, 2015, 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 C.F.R.  1152.27(c)(2),[1] must be filed by April 20, 2015.[2] Petitions to reopen must be filed by April 28, 2015, with the Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001.

A copy of any petition filed with the Board should be sent to UP’s representative: Mack H. Shumate, Jr., Senior General Attorney, 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 website at “WWW.STB.DOT.GOV.”

Decided: April 3, 2015.

By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.



[1] Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 C.F.R.  1002.2(f)(25).

[2] Because this is discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate.