[Federal Register: December 4, 2002 (Volume 67, Number 233)]
[Notices]
[Page 72268-72269]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de02-115]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-33 (Sub-No. 191X)]
Union Pacific Railroad Company--Abandonment Exemption--in Davis
and Weber Counties, UT
Union Pacific Railroad Company (UP) has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 23.69-
mile line of railroad from milepost 754.31 near Valencia, to milepost
778.00 near Ogden, in Davis and Weber Counties, UT.\1\ The line
traverses United States Postal Zip Codes 84010, 84014, 84015, 84025,
84041, 84067, 84087, and 84401.
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\1\ UP states that the physical assets of the line, including
the real property interests and track structure thereon, have been
sold to the Utah Transit Authority (UTA), in connection with UTA's
corridor preservation project. UTA previously filed a verified
notice of exemption to acquire from UP this and several other nearby
railroad rights-of-way and related improvements in Davis, Weber,
Salt Lake and Utah Counties, UT. UTA also simultaneously filed a
motion to dismiss that proceeding, maintaining that the transaction
was not subject to the Board's jurisdiction, and UTA's dismissal
request was granted. UP, however, retained an exclusive, perpetual
easement and common carrier obligation on the line to conduct
freight operations. See Utah Transit Authority--Acquisition
Exemption--Certain Assets of Union Pacific Railroad Company, STB
Finance Docket No. 34170 (STB served Feb. 22, 2002 and May 22,
2002), respectively. The retained easement will expire upon
consummation of the instant abandonment exemption.
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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 (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.--
[[Page 72269]]
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 January 1,
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 December 12, 2002.
Petitions to reopen or requests for public use conditions under 49 CFR
1152.28 must be filed by December 23, 2002, with: Surface
Transportation Board, 1925 K Street NW., Washington, DC 20423.
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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
applicant's representative: Mark H. Shumate, Jr., Senior General
Attorney, Union Pacific Railroad Company, 101 North Wacker Drive, Suite
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 or historic
resources. SEA will issue an environmental assessment (EA) by December
6, 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
December 2, 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 web site at http://www.stb.dot.gov
.
Decided: November 25, 2002.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-30690 Filed 12-3-02; 8:45 am]
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