[Federal Register: November 12, 2003 (Volume 68, Number 218)]
[Notices]
[Page 64190-64191]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no03-107]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 211X)]
Union Pacific Railroad Company--Abandonment Exemption--In Alameda
County, CA
Union Pacific Railroad Company (UP) has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 5.38-mile
line of railroad in the Milpitas Subdivision from milepost 0.00 near
Clark Drive at Niles Junction to milepost 5.38 near Washington
Boulevard, in or near Freemont, Alameda County, CA.\1\
[[Page 64191]]
The line traverses United States Postal Service Zip Codes 94536, 94538
and 94539.
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\1\ The portion of the line extending from milepost 2.61 to the
end of the proposed abandonment at milepost 5.38 was sold by UP to
the Santa Clara Valley Transportation Authority in December 2002.
UP, however, retained the right to provide freight service, which it
now seeks to abandon, over that segment of the right-of-way.
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UP has certified that: (1) No local traffic has moved over the line
for at least 2 years; (2) any overhead traffic will move over a
parallel UP line, which is no more than one-half mile from the instant
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 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
12, 2003, 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),\3\ and trail use/rail banking
requests under 49 CFR 1152.29 must be filed by November 24, 2003.
Petitions to reopen or requests for public use conditions under 49 CFR
1152.28 must be filed by December 2, 2003, with the Surface
Transportation Board, 1925 K Street, NW, Washington, DC 20423-0001.
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\2\ 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.
\3\ 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 Dr., 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
17, 2003. Interested persons may obtain a copy of the EA by writing to
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001)
or by calling SEA, at (202) 565-1539. [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 12, 2004, 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 Web site at
``http://www.stb.dot.gov.''
Decided: November 5, 2003.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-28300 Filed 11-10-03; 8:45 am]
BILLING CODE 4915-00-P