[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Notices]
[Pages 35873-35874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15226]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 33 (Sub-No. 287X)]
Union Pacific Railroad Company--Abandonment Exemption--in San
Mateo County, CA
Union Pacific Railroad Company (UP) filed a notice of exemption
under 49
[[Page 35874]]
CFR 1152 Subpart F--Exempt Abandonments to abandon a 0.57-mile line of
railroad, on the South San Francisco Industrial Lead, from milepost
12.29 to milepost 12.86 in South San Francisco, in San Mateo County,
Cal. The line traverses United States Postal Service Zip Code 94080.
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.
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 23, 2010, 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 July 6, 2010. Petitions to reopen or requests
for public use conditions under 49 CFR 1152.28 must be filed by July
13, 2010, with: Surface Transportation Board, 395 E Street, SW.,
Washington, DC 20423-0001.
---------------------------------------------------------------------------
\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 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.
\2\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------
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 28, 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) 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
23, 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
www.stb.dot.gov.
Decided: June 18, 2010.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-15226 Filed 6-22-10; 8:45 am]
BILLING CODE 4915-01-P