[Federal Register: November 22, 2002 (Volume 67, Number 226)]
[Notices]
[Page 70478]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no02-132]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 178X)]
Union Pacific Railroad Company--Abandonment Exemption--in Yuma
and Maricopa Counties, AZ
Union Pacific Railroad Company (UP) has filed a notice of exemption
under 49 CFR 1152 subpart F--Exempt Abandonments and Discontinuances of
Service and Trackage Rights to abandon a 76.61-mile rail line over the
Phoenix Subdivision from milepost 782.25 near Roll to milepost 858.86
near Arlington, in Yuma and Maricopa Counties, AZ. The line traverses
United States Postal Service zip codes 85322, 85326, 85333, 85347,
85354, and 85356.
UP has certified that: (1) No local traffic has moved over the line
for at least 2 years; (2) the line has not been used as an overhead
route for the past 2 years; (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 reports), 49 CFR 1105.8 (historic reports),
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.
As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 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, this exemption will be effective on December
24, 2002, unless stayed pending reconsideration. Petitions to stay that
do not involve environmental issues,\1\ formal expressions of intent to
file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking
requests under 49 CFR 1152.29 must be filed by December 2, 2002.
Petitions to reopen or requests for public use conditions under 49 CFR
1152.28 must be filed by December 12, 2002, with: Surface
Transportation Board, 1925 K Street, NW., Washington, DC 20423.
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\1\ 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.
\2\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to UP's
representative: Mack H. Shumate, Jr., Senior General Attorney, Union
Pacific Railroad Company, 101 North Wacker Drive, Room 1920, Chicago,
IL 60606.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
UP has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. SEA will issue an environmental assessment (EA) by November
29, 2002. Interested persons may obtain a copy of the EA by writing to
SEA (Room 500, Surface Transportation Board, Washington, DC 20423) or
by calling SEA, at (202) 565-1552. (Assistance for the hearing impaired
is available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.) Comments on environmental and historic preservation
matters must be filed within 15 days after the EA becomes available to
the public.
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
November 22, 2003, 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: November 15, 2002.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-29603 Filed 11-21-02; 8:45 am]
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