[Federal Register: November 30, 2005 (Volume 70, Number 229)]
[Notices]
[Page 71887-71888]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no05-93]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 228X)]
Union Pacific Railroad Company--Abandonment Exemption--in
Imperial County, CA
Union Pacific Railroad Company (UP) has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon segments of
the Holtville Industrial Lead from milepost 711.90 near El Centro to
milepost 703.26 at Holtville, and from milepost 702.72 to milepost
703.46 near Holtville, for a total distance of 9.38 miles, in Imperial
County, CA.\1\ The line traverses United States Postal Service Zip
Codes 92243, 92244, and 92250.
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\1\ In 1995, Southern Pacific Transportation Company (SPT) was
granted authority to discontinue rail service on the line. See
Southern Pacific Transportation Company--Discontinuance of Service
Exemption--in Imperial County, CA, Docket No. AB-12 (Sub-No. 157X)
(ICC served Nov. 3, 1995). The line became a line of UP on February
1, 1998, when SPT was merged into UP pursuant to the Board's
decision in Union Pacific/Southern Pacific Merger, 1 S.T.B. 233
(1996).
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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; (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 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.
[[Page 71888]]
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on December 30, 2005, 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
December 9, 2005. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by December 20, 2005,
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 $1,200. 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, 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 a combined environmental report 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 December 5, 2005. 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 30, 2006, 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 22, 2005.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-23424 Filed 11-29-05; 8:45 am]
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