[Federal Register Volume 75, Number 119 (Tuesday, June 22, 2010)]
[Notices]
[Pages 35514-35515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15075]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 33 (Sub-No. 286X)]
Union Pacific Railroad Company-Abandonment Exemption-in Yakima
County, WA
Union Pacific Railroad Company (UP) filed a notice of exemption
under 49 CFR 1152 Subpart F-Exempt Abandonments to abandon a 0.8-mile
line of railroad, on the Yakima Industrial Lead, from milepost 62.75 to
milepost 63.55 near Midvale, in Yakima County, Wash.\1\ The line
traverses United States Postal Service Zip Code 98930.
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\1\ The notice of exemption was filed on June 2, 2010 and
supplemented on June 4, 2010 by the inclusion of ``Attachment 1'' to
Exhibit 2.
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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
filed 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 report), 49 CFR 1105.8 (historic
report), 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.
In its notice, UP states that it granted the Washington Central
Railroad Company (WC) local trackage rights over the line. With UP's
concurrence, WC sold the trackage rights it had over the line to BNSF
Railway Company (BNSF). BNSF, in turn, assigned these rights to the
Central Washington Railroad Company (CWRR). See Central Wash. R.R.--
Lease and Operation Exemption--BNSF Railway Co., Docket No. FD 34640
(STB served Jan. 21, 2005). UP states that it expects that BNSF and
CWRR will make a separate filing with the Board to discontinue
applicable trackage rights over the line. In light of the existing
trackage rights, it would be premature for UP to consummate the
abandonment while the trackage rights remain in effect.
As a condition to this exemption, any employee adversely affected
by the abandonment 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) has been received, this exemption will be
effective on or after July 22, 2010, 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
Sec. 1152.27(c)(2),\3\ and trail use/rail banking requests under 49
CFR 1152.29 must be filed by July 2, 2010. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by July 12, 2010, with: Surface Transportation Board, 395 E Street,
SW., 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 et al., 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 $1,500. 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, Suite 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 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 June 25, 2010. Interested persons may obtain a copy of the EA by
writing to SEA (Room 1100, Surface Transportation Board, Washington, DC
20423-0001) or by calling SEA, at (202)
[[Page 35515]]
245-0305. 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 June
22, 2011, 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: June 17, 2010.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-15075 Filed 6-21-10; 8:45 am]
BILLING CODE 4915-01-P